Monday, July 11, 2011

Apple Loses To Amazon On The Term 'App Store'

A federal judge denied Apple's request to stop using the term "App Store" on Amazon and added that the Cupertino company has yet to prove that there is patent infringement of the mark in a trial.

Apple has filed for trademark registration "App Store" in 2008 and was initially rejected. Earlier this year, it received approval, and in July, Microsoft filed a lawsuit saying the term was too generic to be registered. Meanwhile, Amazon announced the launch of its application store, calling it "Appstore for Android."
Apple filed a lawsuit against the company, always saying that the use of "App Store" for two companies would lead users to confuse the two stores. Amazon also said that "App Store" was too generic a brand to be registered and including "for Android" ("Android"), it would likely confuse consumers with its store of Apple.

According to Ars Technica , two weeks ago, Judge Phyllis Hamilton said, after hearing initial arguments of both parties, that Apple's case was weak and she probably would deny the action. After reviewing the documents that Apple and Amazon had submitted, Hamilton concluded that the company lacked evidence to Steve Jobs had shown and what was valid for only two of eight criteria to characterize a patent infringement. So Apple's request was denied.

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