Amazon Appstore gets to keep its name
7th Jul 2011 | 14:04
Apple denied injunction - for now
A judge in the US has ruled that Apple cannot stop Amazon from using the term 'appstore'.
According to the ruling in response to Apple's preliminary injunction request, Apple has not established that Amazon's use of the term will confuse consumers.
Apple does have a trademark pending on the App Store name, however, which may lead to further litigation in the future.
The company is already battling Microsoft on the trademark front, with Ballmer's bunch trying to block the Cupertino crew's claim on the App Store name.
Order in the court
Judge Phyllis Hamilton wrote an eighteen-page document giving her opinion on the Amazon matter, saying, "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 App Store, 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."
Meanwhile, the actual Apple App Store has just sailed past the 15 bililon downloads milestone. A rose by any other name, and all that.