Apple Can't Stop Amazon's Use of 'Appstore'
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Apple wanted a U.S. District judge to immediately halt Amazon.com's use of the term "Appstore."
The judge said, "No."
That's the latest twist in the trademark-infringement lawsuit leveled by Apple against Amazon. Both companies offer online storefronts for mobile applications. However, Apple claims that customers could confuse Amazon s "Appstore" with its own "App Store."
But U.S. District Judge Phyllis Hamilton ruled against Apple, stating in a July 6 order that Apple had not demonstrated the potential for confusion with Amazon s storefront. Despite Amazon s win which will allow it to continue using "Appstore" -- the retailer still faces trial in October 2012.
Amazon has claimed that "app store" is too generic a term for one company to trademark.
"Defendants admit that Amazon has not received a license or authorization from Apple to use the term 'app store'," read Amazon's April response to Apple's lawsuit, "and contend that no such license or authorization is required because 'app store' is a generic term, and Amazon's use of the term causes no likelihood of confusion, dilution or unfair competition."