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Judge denies Apple's "App Store" injunction against Amazon

An attempt by Apple to impose an injunction to stop Amazon from using the term "app store" has been shot down by a federal judge.  Amazon recently launched their Amazon Appstore for Android and Apple pounced, filing a lawsuit that claims that the name violates a trademark initially denied to Apple in 2008, but more recently granted in a 2010 appeal.  They also contend that Amazon is diluting and tarnishing the Apple brand.  U.S. District Judge Phyllis Hamilton denied the motion for injunction because she saw no evidence of dilution or tarnishment, and only a slight case for trademark infringement. 

As for Amazon, they argue that "app store" is too broad of a term to be trademarked, as it is widely used to describe any such marketplace designed to let consumers purchase software applications for their devices.  Microsoft, who is also challenging Apple's claim to the name, used a similar line of reasoning in their motion for summary judgment with the U.S. Patent and Trademark Office.  Amazon further contends that the "for Android" part of the name draws a clear line between Apple's iOS-only store and theirs.

While the full case has yet to be decided by the Trademark Trial and Appeal Board, a denial of injunction like this is usually a sign that the will not end the way Apple hopes. 

Source: Ars Technica

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Comments

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TheWeeBear says:

They are trying it with GetJar now and of course they have told Apple to stick it where the sun don't shine. Good on em. Hope Apple lose that too.http://tinyurl.com/5v3rp59

selfcreation says:

lmao , ive been following this sints 2008 ,, it soo stupid to copy right the word app store , apple had 2 legal argument when it takes 8!! to fight of injunction. they have NO CHANCE at the trials. Epic fail once more apple. But sadly people love the apples with Bites in them so they are never gona go away,.

I used to think Apple was run by children. Now I know it. Let's see what else they can ***** and moan about. I owned two Apple computers and an iPhone 3G, the two computers broke and the replacements cost more than what I paid for originally, and the iPhone was such a piece of garbage that I willingly paid extra amounts to get my HTC Surround and never looked back. Why Apple is still a major company is totally beyond me. Its a bunch of mediocre hardware with a glossy interface. I hope they lose money with all these ridiculous law suits. Teach them not to be so arrogant.