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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MattsworknameNot sure if your being sarcastic, or if you joined up with EA's marketing department07/06/2015 - 4:01am
Andrew EisenI don't know, maybe a heaping, helping of DRM is the panacea for all that ails Konami.07/06/2015 - 1:24am
MattsworknameThe only thing thats gonna save them andrew , is walking back all the stupid they have been doing lately. At this point , ithink they did to much damage to there brand to survive07/06/2015 - 12:42am
PHX Corphad there been a sonic 4 episode 3, I would Buy it on Steam, Xbox 360 and PS3 right away07/05/2015 - 10:10pm
Andrew EisenWell, what if Konami released MGS 5 with a mandatory $60 plastic peripheral? Do you think that would help?07/05/2015 - 8:09pm
MattsworknameI dont think so, I think that between the lose of iga, kojima, and so forth, i think MGS 5 will be less succesfull then they think, and tha will spell there end.07/05/2015 - 7:08pm
Andrew EisenI'm sure the Metal Gear micro-transactions will keep 'em afloat!07/05/2015 - 6:58pm
MattsworknameKonami is dying, slowly, surely, inevitably. Capcom is in the same situation, and I think that if they don't get there respective acts together, there going to pull a thq and sell off all there IP.07/05/2015 - 6:51pm
Andrew EisenHowever, if you have a gaming PC and like PC gaming, the Wii U is arguably the best console you could get (unless you just don't care for Nintendo's games, of course).07/05/2015 - 6:07pm
Andrew EisenAnyway, if the Wii U is your only gaming platform, yeah, you're missing out on a ton of great stuff.07/05/2015 - 6:06pm
Andrew EisenMatthew is referring to my latest video, if anyone's wondering. https://www.youtube.com/watch?v=FkuL1UVHYJA07/05/2015 - 6:00pm
Matthew Wilson@AE the wiiu may have the best exclusives among consoles, but lack of third party support kills it. now if we want to play the exclusives game, the pc wins, not just in numbers,but some of the best games I have played.07/05/2015 - 5:53pm
Andrew EisenPic of the pack with measurements: https://twitter.com/paulfeig/status/61768231705475481607/05/2015 - 5:38pm
Andrew EisenThis is really cool to see. Ghostbusters director helping out cosplayers with prop pics. Here's the thrower with measurements: https://twitter.com/paulfeig/status/61735089365938995307/05/2015 - 5:37pm
Matthew Wilsonhttps://www.youtube.com/watch?v=2lMLRIwiB_c a very interesting video. by Unseen64 Tamaki. the video covers how project hammer fell apart.07/05/2015 - 3:43pm
Andrew EisenImagine if Nintendo started charging for the Super Guide feature it has in some of it's games. That's what the MGS microtransactions sound like to me.07/05/2015 - 12:36pm
PHX Corphttp://www.gamesradar.com/konami-mgs-5s-microtransactions-and-future-franchise/ Konami explains MGS 5's microtransactions & what happens after Koj07/05/2015 - 12:21pm
Andrew EisenFinished Gone Home last night. Really enjoyed that game. Very different. Definitely not for everyone though.07/05/2015 - 11:00am
InfophileI know the ZE series was in the red in Japan, but international series boosted it to profitability. That may not mean it's more profitable in the west, but it does mean ZE3 wouldn't exist without the western market.07/04/2015 - 7:54am
Consterwhy aren't "Video game players" an option on the poll? :P07/04/2015 - 5:19am
 

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