Judge Warns Apple: 'I Will Probably Rule Against You'

June 23, 2011 -

Apple has faces a major setback in its lawsuit against Amazon.com's App store; a federal court judge said this week that she will "probably rule against the company." Apple had argued that Amazon.com's use of the term "app Store" infringed on its trademark and would cause "brand confusion." A federal court judge sees things differently - or at the very least doesn’t believe Apple has a case.

US District Judge Phyllis Hamilton commented that she was "probably" going to deny Apple's motion for a preliminary injunction against Amazon in order to stop it from using the term "app store."

Judge Hamilton told Apple that she had not seen any "real evidence of actual confusion." Because of this, she said it was unlikely that the company would prevail.

"I’m troubled by the showing that you’ve made so far, but that’s where you’re likely not to prevail at this early juncture," Hamilton said during the hearing.

Apple laid its claim to the term "app store" in 2008 with the U.S. Patent Office. The claim was initially rejected, but finally received approval in 2010. Microsoft filed an objection with the agency, saying that the term was too generic. Later it asked the Trademark Trial and Appeal Board to deny Apple's trademark application.

While all this was taking place, Apple decided to sue Amazon for opening an "app store."

The company continues to send cease and desist letters to anyone who uses the term, but this lawsuit may throw cold water on Apple's litigious efforts.

Source: Ars Technica


Comments

Re: Judge Warns Apple: 'I Will Probably Rule Against You'

Yeah.

Re: Judge Warns Apple: 'I Will Probably Rule Against You'

Huh, I never associated "app" with "app-ple". My brain always just says "app-lication".

 

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Re: Judge Warns Apple: 'I Will Probably Rule Against You'

Thats part of why the judge is saying he is likely to rule against them. Well that and the fact that they had trouble getting the patent and microsofts efforts to have that thrown out because of how generic it is.

Re: Judge Warns Apple: 'I Will Probably Rule Against You'

I actually assumed that Apple's 'App Store' stood for 'Application'.

Though Apple could (weakly) make the argument that "Application" is an OSX thing since on OSX they are labeled as 'Applications', while on Windows they are labled 'Programs' and under Unix systems they are 'Binaries'... at least if you think of it in terms of a newbie who only knows what their UI says and is not aware of computer jargon in general.

Re: Judge Warns Apple: 'I Will Probably Rule Against You'

There is still an applications folder that's been around since at least Win 95 that has all of the microsoft supplied bonus software (like Notepad and Sound Recorder)

Re: Judge Warns Apple: 'I Will Probably Rule Against You'

 Are you sure you do not mean 'Accessories'?

Regardless, I know that they are applications on windows, you know they are applications on windows, but we are not the people they are talking about when the issue of brand confusion comes up.

Re: Judge Warns Apple: 'I Will Probably Rule Against You'

To quote Wario from Mario Party 1: Do'h I missed!  Yeah, it's Accessories, but then again, when I first learned DOS, my aunt, followed by my school, told me that programs were applications.

Re: Judge Warns Apple: 'I Will Probably Rule Against You'

My mind has always thought App = Application ever since I touched my first computer.

 
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Matthew Wilsonyes it help a sub section of the poor, but hurt both the middle and upper class. in the end way more people were hurt than helped. also, it hurt most poor people as well.04/16/2014 - 12:13am
SeanBJust goes to show what I have said for years. Your ability to have sex does not qualify you for parenthood.04/15/2014 - 9:21pm
NeenekoSo "worked" vs "failed" really comes down to who you think is more important and deserving04/15/2014 - 7:04pm
NeenekoThough I am also not sure we can say NYC failed. Rent control helped the people it was intended for and is considered a failure by the people it was designed to protect them from.04/15/2014 - 7:04pm
NeenekoIf they change the rules, demand will plummet. Though yeah, rent control probably would not help much in the SF case. I doubt anything will.04/15/2014 - 1:35pm
TheSmokeyOnline gamer accused of murdering son to keep playing - http://cnews.canoe.ca/CNEWS/Crime/2014/04/15/21604921.html04/15/2014 - 11:50am
Matthew Wilsonyup, but curent city rules do not allow for that.04/15/2014 - 11:00am
ZippyDSMleeIf SF dose not start building upwards then they will price people out of the aera.04/15/2014 - 10:59am
Matthew Wilsonthe issue rent control has it reduces supply, and in SF case they already has a supply problem. rent control ofen puts rent below cost, or below profit of selling it. rent control would not fix this issue.04/15/2014 - 10:56am
NeenekoRent control is useful in moderation, NYC took it way to far and tends to be held up as an example of them not working, but in most cases they are more subtle and positive.04/15/2014 - 10:24am
PHX CorpBeating Cancer with Video Games http://mashable.com/2014/04/14/steven-gonzalez-survivor-games/04/15/2014 - 9:21am
Matthew Wilsonwhat are you saying SF should do rent control, that has never worked every time it has been tried. the issue here is a self inflicted supply problem imposed by stupid laws.04/15/2014 - 8:52am
E. Zachary KnightNeeneko, Government created price controls don't work though. They may keep prices down for the current inhabitants, but they are the primary cause of recently vacated residences having astronomical costs. Look at New York City as a prime example.04/15/2014 - 8:50am
NeenekoI think free markets are important, but believe in balance. Too much of any force and things get unstable.04/15/2014 - 7:25am
NeenekoWell, the traditional way of keeping prices down is what they are doing, controls on lease termination and tax code, but it will not be enough in this case.04/15/2014 - 7:24am
Matthew WilsonI said that already04/14/2014 - 4:22pm
E. Zachary KnightMatthew, The could also lower prices by increasing supply. Allow high rise apartment buildings to be built to fulfill demand and prices will drop.04/14/2014 - 3:48pm
Matthew Wilsonthe only way they could keep the price's down, would be to kick out google, apple, amazon, and other tech companies, but that would do a ton of economic damage to SF, but I am a major proponent of free markets04/14/2014 - 2:54pm
NeenekoThe community people are seeking gets destroyed in the process, and the new people are not able to build on themselves. Generally these situations result in local cultural death in a decade or so, and no one wins.04/14/2014 - 2:09pm
NeenekoWell yes, that is the 'free market', but the market is only a small piece of a much larger system. The market does not always do the constructive thing.04/14/2014 - 2:06pm
 

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