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07-07-2011, 02:26 AM #1
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.
Cash that the Apple koffers are teeming with.
07-07-2011, 02:46 AM #2
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!
Last edited by iLoveWindows&iPhone; 07-07-2011 at 02:57 AM.El Zurdo
07-07-2011, 03:59 AM #3
07-07-2011, 04:24 AM #4
07-07-2011, 07:41 AM #5
07-07-2011, 07:51 AM #6
07-07-2011, 07:53 AM #7
lol @ Apple
07-07-2011, 01:36 PM #8
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.
07-07-2011, 06:11 PM #9
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.