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Amazon Wins Right to Call App Store 'Appstore'

Back in March, Amazon launched its own version of the Android app store. Dubbed Amazon Appstore, the company's launch celebrations were cut short a week later when Apple filed a lawsuit against the company. Apple had already filed for a trademark on the term 'App Store' earlier in the year and though that application was being contested by Microsoft (Redmond says it's too generic a term to trademark), the Cupertino-based iPhone maker didn't want Amazon using the 'App Store' term. Apple said at the time that attempts to contact Apple regarding its use of the term did not result in a "substantive response." Perhaps Amazon was right not to respond to Apple, though, as this week a judge ruled in the etailer's favor.

Ars Technica reports that Apple has been denied the temporary injunction it was seeking against Amazon after U.S. District Judge Phyllis Hamilton ruled that Apple did not have sufficient evidence to prove infringement (only two of eight legal criteria to establish infringement were supported by Apple's evidence). Hamilton also denied the injunction on the basis that Apple had shown no evidence of dilution or tarnishment of the "App Store" trademark.

Though Apple was the first to use the 'App Store' name (for its iOS application store) and is eager to ensure it is the only one allowed to use it, the phrase has become a generic term for the many app stores now available for BlackBerry, Android, WebOS, Nokia and Windows Phone 7 devices.

Read more about the lawsuit on Ars Technica.

  • rwpritchett
    Let's put a spin on Apple's thought process:

    I'm going to start up a grocery store chain and call it "Grocery Store" and trademark the name. I will then sue anybody who attempts to use the term "Grocery Store". I will argue that people are too stupid to know that other grocery stores aren't my "Grocery Store". I will also argue that my store is the only one that sells "Groceries".

    App store is too generic Apple. Sorry.
    Reply
  • K-zon
    I can agree to a decent point as well, with addition maybe. Like saying that then if its an App Store differing from another then apparently then of course then isnt much different of whats at the App store but where it is. So why find yourself in a place trying to find something at say your App store for the sack of being at an App store? Even though you are probably likely to find something you would normal get though, right? But even then maybe as well not so? Not so close but not so far off though either. I dont really use an App store or Grocery store honestly.
    Reply
  • nathanmiller
    The copyright wars that are ramping up are going to be increasingly ridiculous. Apple does a great job of creating products, but if they spend more time trying to make money off of legal injunctions, this hardly seems like a good step.

    Same goes for any other company. "App store" worthy of a suit? Give me a break.
    Reply
  • K-zon
    Think its a Consumer issue to say more then anything as well.
    Reply
  • Next thing you know, they will start suing iran and iraq for having i in its name...
    Reply
  • ericburnby
    Amazon didn;t "win". All that happened is that a judge said they don;t have to stop using the name until the court case is heard. Apple wanted them to stop using the name until after the case is settled.

    What I'm wondering is this: Blackberry has App World, Google has the Market, Windows Phone has the Marketplace and Apple has App Store. So Amazon couldn't pick a unique name like all the other companies did and instead decided to use the same name as Apple?
    Reply
  • t_wilson
    @k-zon I'm having a really hard time understanding what you are trying to say.
    Reply
  • upgrade_1977
    Amazon should counter sue apple legal fee's, and profit loss. IMO i think apple knew they wouldn't win, I think apple just did it to slow progress and get the competitive edge.
    Reply
  • wintermint
    Apple so scared of competition... Lawsuits against Amazon for using "App Store" and then the lawsuits against Samsung... who pretty much is a supplier for Apple
    Reply
  • Neverdyne
    ericburnbyAmazon didn;t "win". All that happened is that a judge said they don;t have to stop using the name until the court case is heard. Apple wanted them to stop using the name until after the case is settled.What I'm wondering is this: Blackberry has App World, Google has the Market, Windows Phone has the Marketplace and Apple has App Store. So Amazon couldn't pick a unique name like all the other companies did and instead decided to use the same name as Apple?
    They don't have to go unique if they don't want to. Its too generic of a name, no one should own it.
    Reply