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".

 

Anyone else think this?

-Austin from Oregon

Feel free to check out my blog.

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.

 
Forgot your password?
Username :
Password :

Poll

Will an M rating hurt Batman: Arkham Knight's sales?:

Shout box

You're not permitted to post shouts.
ZippyDSMleeEh still rather subjective… the haters would be better off going after teen and beauty rags and magazines than fiction, fiction follows reality and going after fiction tends to turn into a bullying fest’s… plus its fiction its unrealistic to start with….02/27/2015 - 1:10am
MechaTama31That's a pretty difficult anatomy to break.02/26/2015 - 11:09pm
MechaTama31"the way her animations repeatedly break her anatomy" <-- I'm sorry, but we are talking here about the woman who can roll up into a little ball and live to tell the tale, yes? ;)02/26/2015 - 11:09pm
Andrew EisenAs far as examples that could be culled from female game characters though, that one's pretty mild.02/26/2015 - 9:11pm
Andrew EisenNot as much the heels or the suit in and of themselves but certainly the way her animations repeatedly break her anatomy to show off her lady bits.02/26/2015 - 9:10pm
E. Zachary KnightWell, Samus's heels are certainly impracticable, but I wouldn't really call her Zero suit objectified. I don't really feel that the new Lara Croft is objectified either, but that is my subjective opinion.02/26/2015 - 9:08pm
Andrew EisenTomb Raider: No but we haven't seen much of anything yet. Samus: Yes.02/26/2015 - 9:07pm
ZippyDSMleeWould you call the new tomb raider objectified? WOuld Samus Aran from the new Smash bros be objectified?02/26/2015 - 9:02pm
WonderkarpI'm hoping they put the rest of the comic book ghostbusters in there. Ortiz and Rookie(From GB the game)02/26/2015 - 8:38pm
Wonderkarpghostbusters board game is doing great. getting close too a 3rd extra playable Character. Ron Alexander.02/26/2015 - 8:37pm
Andrew EisenSmurfette is not subjective. If there's more than one female character, it's not Smurfette. Anyway, as with everything on the list, Smurfette is, in and of itself, not necessarily a bad thing.02/26/2015 - 8:32pm
Andrew EisenI think there's 5 women (out of 15, I think) but other than one being a bit more "hippy" than the others, they pretty much all have the same body type. Especially when compaired to the huge variety of male body types.02/26/2015 - 8:31pm
Wonderkarpso I dont see Smurfette as a bad thing. Unless like all your female characters are Smurfette. remember the Smurfs also had Sassette02/26/2015 - 8:29pm
E. Zachary KnightOne good example of the larger issues is one Anita used in the presentation, Blizzard's Overwatch game. There are a dozen men in the game with a dozen body types. But there are only 4 women with 2 body types, but 3 of them have the same one.02/26/2015 - 8:28pm
Wonderkarpthe smurfette thing is subjective to how many female characters you have. Take Sonic for example. You have Amy, who is obvious smurfette, but there's several other female characters now without that. Including the original animated seriescomics with Sally02/26/2015 - 8:28pm
E. Zachary KnightAE. Very true. I think that is where I was going, but it didn't come out right. Jack Harkness is sexy but not objectified. Whereas, a women would have to be objectified in order to be "sexy" in most games.02/26/2015 - 8:26pm
E. Zachary KnightAnd as Andrew pointed out, there is a big difference between a sexualized man, and an idealized man. But for some reason, there is no distinction between women in games. For the most part.02/26/2015 - 8:25pm
Andrew EisenI think one of the issues we run into repeatedly with these conversations is the confusion over "sexy" and "sexually objectified."02/26/2015 - 8:24pm
E. Zachary KnightYet, for some reason, in orde rto have a sexualized women, she must be wearing lingerie or a bikini. Can't women be sexual and still dress for the job at hand?02/26/2015 - 8:24pm
E. Zachary KnightThe problem I have with complaints of "sexualized men" is that men don't have to wear speedos to be sexualized. Captain Jack Harkness from Torchwood/Doctor Who, was one sexy man, but he spent 99% of his time in a WW2 soldier's trenchcoat.02/26/2015 - 8:23pm
 

Be Heard - Contact Your Politician