Judge: Apple May Face Hurdles in Amazon Appstore Dispute

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Apple vs. AmazonDistrict Judge Phyllis Hamilton told Apple Wednesday the company may face hurdles in its trademark infringement lawsuit against Amazon. According to Reuters, the judge told Apple that it had a “stumbling block” when it comes to proving that anyone would confuse Apple’s App Store with the Amazon Appstore for Android.

Apple was granted a trademark in the U.S. for the name “App Store,” and used that trademark to sue Amazon when the online retailer launched the Amazon Appstore for Android. Amazon uses its “Appstore” to sell apps for Android devices, and the company has already argued in court filings that the term “app store” is generic and should not be subject to trademark protection.

For its part, Apple said when it launched the lawsuit that it had asked Amazon nicely not to use “app store” in its online store, but filed a lawsuit when those requests received fell on deaf corporate ears. “We’ve asked Amazon not to copy the App Store name because it will confuse and mislead customers,” an Apple spokesperson said at the time.

The comments from the judge do not represent a final ruling from the judge, but such comments are often seen as an indication of where a judge is leaning during the course of arguing a case.

Comments

Partsmutt

It’s only generic if Amazon can prove no one was using it before Apple trademarked it.  I for one don’t remember anyone ever using the term “app store” to sell programs.  Going to court and trying to enforce your trademark is actually one of the things that are needed in order to keep a trademark.  If Apple let’s other’s use the term, then it suffer’s what is termed “trademark dilution.”  Once multiple people start using it without the trademark being defended, the trademark loses legal power.  In my opinion, too many people have used “app store” since Apple coined the phrase. It seems diluted to me already (or maybe I’m just hearing similar phrases and thinking “app store” in my head???).  This is going to be a tough fight for Apple.

Tiger

They should just change the name to Windows Store and see where that gets them. Oh wait, they can’t do that now, can they.

tongue laugh

Lee Dronick

They should just change the name to Windows Store and see where that gets them. Oh wait, they can?t do that now, can they.

Just call it the Smartphone Store which covers a lot bases.

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