So you’re aware of the fact that the Amazon Appstore, which we’ve got a bit outline of for you in Android Community 101: Amazon Appstore, has the word “Appstore” in it, right? Apple knows this too, and thinks that they own it. Apple’s legal department is and has been worried that the word Appstore might infringe on their trademark ownership on the term “App Store”, a fight they’ve got to fight for every sort of infringement like this lest they loose the title for their very own – that’s how the US legal department sees it. In this case though, it’s become apparent today, Apple’s case is being seen as moot.
The case is being presided over by US District judge Phyllis Hamilton who has today stated publicly that she doesn’t believe Apple has sufficiently demonstrated confusion amongst customers. Because of this, she says she’ll “probably” deny the motion for Amazon to have to change their name. Any of you Android fans out there confused whether you’re shopping for an Android app on Amazon or in the iTunes / Apple App Store?
Amazon maintains that the term “App Store” is a generic term and that Apple cannot possibly have exclusive rights over it. Hamilton continued, noting again the confusion Apple’s been trying to prove amongst customers:
“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.”
This case, if you’re wondering, goes by the name Apple Inc. v. Amazon.com Inc., 11-01327, U.S. District Court, Northern District of California (Oakland). If you’re wondering where you can access each of these separate App Stores, I suggest you purchase either an Apple product or head, again, to our post entitled Android Community 101: Amazon Appstore. Simple stuff, really.
[via SlashGear]
apple lose.
Great news, another nail in apple’s coffin.