Court Denies Preliminary Injunction Against Amazon for 'App Store' Use

July 7, 2011 -

A federal court judge has put the kibosh on Apple's attempt to get a preliminary injunction against Amazon for its use of the term "App Store." While the judge denied Apple's request his order suggests that Apple may still have a slight chance to prove trademark infringement at trial. Still, with the injunction attempt denied it seems like Apple may have a hard time proving its case.

Apple filed for the term "App Store" in 2008, and while the original application was rejected, it later received approval in 2010. In July of 2010 Microsoft filed an objection, saying that the term was too generic, and later asked the Trademark Trial and Appeal Board to issue a summary judgment denying Apple's application. While all that was happening Amazon announced that it planned to launch its own Marketplace, at the time calling it the "App Store for Android." After that announcement Apple filed a lawsuit against the online retailer claiming "trademark infringement, dilution, and tarnishing."

Amazon answered the lawsuit by saying what Microsoft had said: the term is too generic to be protected by a trademark. That matter has yet to be decided by the TTAB. Amazon added that the term "for Android" made it clear that the products therein were meant for Android devices and not anything manufactured by Apple.

Apple's last action was to ask for a preliminary injunction. Today that request was put to bed. US District Judge Phyllis Hamilton said a few weeks ago that she would probably deny the company's motion because their arguments were weak. Hamilton concluded that Apple had shown no evidence of "dilution or tarnishment" of the App Store trademark. She also concluded that Apple's evidence supported two of eight legal criteria to establish infringement.

Source: Ars Technica


 
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Matthew WilsonI cant say anything though I am stupid lucky. I have a 75/75 line01/29/2015 - 11:27pm
Matthew Wilsonthat isnt awful 1.2MBs, but yeah 100bucks a month is over priced to all hell. ps 8mbs=1MBs01/29/2015 - 11:24pm
ZippyDSMleehttp://www.speedtest.net/my-result/410086446201/29/2015 - 9:12pm
ZippyDSMleeMatthew Wilson Dunlap, TN, its the only game in town and they only started in 08 or so.01/29/2015 - 9:12pm
MechaCrashThe explanation for the misanthropy of the character in Hatred comes from "we want to be super edgy and get those controversy dollars."01/29/2015 - 8:34pm
Andrew EisenI'm interested in giving it a try. I think it has some cool ideas but I haven't been "feeling it" when watching continuous gameplay.01/29/2015 - 8:04pm
Matthew Wilsonif you dont know, the code name STEAM demo is out, and it it downloading very slowly. It might be more popular that I thought, or it could just be the eshop.01/29/2015 - 8:02pm
Goth_SkunkPlayer/Playable Character, yes. As opposed to the NPC.01/29/2015 - 7:36pm
Andrew EisenOh, Player Character! Heh, that one took me a few moments!01/29/2015 - 7:29pm
Goth_SkunkIt really bothers me that there is no explanation for the PC's misanthropy. Even the Saw movie series, despite the level of violence in them, had a premise that fascinated me. The only thing about Hatred that fascinates me is the controversy.01/29/2015 - 7:27pm
Goth_SkunkI can't think of a time a game has made me simultaneously want to both buy it and not buy it. On the one hand, I find the premise disturbing and repulsive. On the other hand, I find the controversy fascinating and want to play it just to say I did.01/29/2015 - 7:25pm
Andrew EisenTrailer for new Van Damme movie, Pound of Flesh. "They just stole the wrong man's kidney!" http://vimeo.com/11808880501/29/2015 - 7:24pm
Andrew EisenNew Hatred trailer. Destructible environments, vehicles, light buildings and people on fire! http://www.gametrailers.com/videos/7bzwzs/hatred-devastation-gameplay-trailer01/29/2015 - 7:12pm
Goth_Skunk@WonderKarp: And that's why I don't read or watch mainstream news.01/29/2015 - 5:06pm
Matthew Wilsonzip is it KB or kb? if its KB its MB, if its kb is mb. ether way where do you live that you are getting ripped off that badly?01/29/2015 - 4:41pm
ZippyDSMleeI has a whole 1MB(mb mabye, 1000KBPS) for a whole...100$ a month ;_;01/29/2015 - 4:24pm
WonderkarpFCC appears to be kicking ass today01/29/2015 - 4:11pm
WonderkarpI found this neat. Shows the different ways different websites tell the same story. Not VG Related, but its neat https://i.imgur.com/3m6xOfE.jpg01/29/2015 - 2:12pm
Matthew Wilsonnp I am still suprised that the fcc did it, but I still do not trust the chairman yet.01/29/2015 - 2:11pm
Andrew EisenYeah, what I mean is I'm fortunate enough to live in an area where I have the option of up to 50Mbps if I want to pay for it. Meant that as an anecdote; didn't mean it to come across as a "you're wrong!" Sorry 'bout that!01/29/2015 - 2:06pm
 

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