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.
Cash that the Apple koffers are teeming with.