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  • 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
    This article was originally published in forum thread: Amazon's 'App Store' Lives, Judge Denies Apple Injunction started by Phillip Swanson View original post
    Comments 8 Comments
    1. iLoveWindows&iPhone's Avatar
      iLoveWindows&iPhone -
      I used to always use the word programs for software...then because of apple...I started calling them apps. I do think they (apple) have a point.

      Before the app store, there was no central place I would go to buy "applications or programs", and games. This was a whole new idea to me. Before, I would have to go to individual companies websites to buy their software.

      The app store was revolutionary in this way. Then for amazon to do the exact same thing, and use the same exact name....come on! At least use a different name!
    1. SkyMuffin's Avatar
      SkyMuffin -
      Quote Originally Posted by iLoveWindows&iPhone View Post
      I used to always use the word programs for software...then because of apple...I started calling them apps. I do think they (apple) have a point.

      Before the app store, there was no central place I would go to buy "applications or programs", and games. This was a whole new idea to me. Before, I would have to go to individual companies websites to buy their software.

      The app store was revolutionary in this way. Then for amazon to do the exact same thing, and use the same exact name....come on! At least use a different name!
      Uhh, what? The appstore has been around since 2008, while 3rd party games appeared on Steam for the first time in 2005.
    1. iLoveWindows&iPhone's Avatar
      iLoveWindows&iPhone -
      Quote Originally Posted by SkyMuffin View Post
      Uhh, what? The appstore has been around since 2008, while 3rd party games appeared on Steam for the first time in 2005.
      Uhh what? Games?? On Steam?? Really? Just games right? Nothing else correct? Did they call those games apps?? I could go on and on....I cannot believe u are comparing steam with the app store...wow.
    1. Own3d's Avatar
      Own3d -
      Quote Originally Posted by iLoveWindows&iPhone View Post
      Uhh what? Games?? On Steam?? Really? Just games right? Nothing else correct? Did they call those games apps?? I could go on and on....I cannot believe u are comparing steam with the app store...wow.
      Agreed.
    1. Jahooba's Avatar
      Jahooba -
      Quote Originally Posted by SkyMuffin View Post
      Uhh, what? The appstore has been around since 2008, while 3rd party games appeared on Steam for the first time in 2005.
      Steam was my first thought, too. Games ARE "apps".
    1. RICO_'s Avatar
      RICO_ -
      lol @ Apple
    1. jOnGarrett's Avatar
      jOnGarrett -
      Quote Originally Posted by iLoveWindows&iPhone View Post
      I used to always use the word programs for software...then because of apple...I started calling them apps. I do think they (apple) have a point.

      Before the app store, there was no central place I would go to buy "applications or programs", and games. This was a whole new idea to me. Before, I would have to go to individual companies websites to buy their software.

      The app store was revolutionary in this way. Then for amazon to do the exact same thing, and use the same exact name....come on! At least use a different name!
      the Apple appstore was revolutionary? ha !! they revolutionized the idea from Handandgo & Microsoft who both had app stores back in the late 90's. a central location for selling mobile apps is NOT new and it wasn't invented by apple.

      you call them apps because they are applications; again, a term that was used wayyyy before the iphone and NOT coined by apple.

      app is just tech slang for application, the world application is not an apple trademark. just like calling a cellular phone a cell phone.

      app is to application as cell is to cellular.
    1. politicalslug's Avatar
      politicalslug -
      Right. Because the term "app store" is so obvious that no one thought to use it until Apple created a successful business around the concept. Just like the icon layout and physical design of the iPhone are obvious, but again for some unknown reason no other company thought to produce products like that until after Apple's success. Am I the only one who sees what BS this all is? Seriously people, give credit where credit is due.