• Amazon's 'App Store' Lives, Judge Denies Apple Injunction



    Apple's request to stop Amazon from using the term "Appstore" has been denied by a federal judge.

    Common sense prevails.

    Judge Phyllis Hamilton filed an 18-page opinion with the U.S. District Court for Northern California denying Apple's preliminary injunction request, because Apple had not established a likelihood of confusion between the competing App Stores or Appstores if you are Amazon.

    While the judge did deny the injunction she did not agree with Amazon that the term is generic.

    The court finds that Apple has not established a likelihood of success on its dilution claim. First, Apple has not established that its "App Store" mark is famous, in the sense of being "prominent" and "renowned." The evidence does show that Apple has spent a great deal of money on advertising and publicity, and has sold/provided/furnished a large number of apps from its AppStore, and the evidence also reflects actual recognition of the "App Store" mark. However, there is also evidence that the term "app store" is used by other companies as a descriptive term for a place to obtain software applications for mobile devices.
    The legal back and forth between Apple and Amazon over the App Store namesake appears to be over for now. However, because the judge did not claim that the term "App Store" is generic Apple still possesses a valuable trademark. I'm sure Apple's legal team will find another way to sue somebody for using their App Store trademark before the year is out. If for no other reason than to make their competitors waste valuable cash in litigation.

    Cash that the Apple koffers are teeming with.

    Source: CNET
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