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 we ever get Half-Life 3?:

Shout box

You're not permitted to post shouts.
MechaTama31Who cares? Gimme Portal 3!10/01/2014 - 9:38pm
quiknkoldAndrew : Mostly I decided there were better people who could explain what was going on, or fight any battles that may come up. so I decided not to talk about it anymore.10/01/2014 - 8:49pm
Andrew EisenI don't recall you promising that. GamerGate is not a taboo discussion here. Anyway, thanks for the link. Very interesting.10/01/2014 - 8:47pm
quiknkoldI know I promised to not talk about Gamergate again, but Intel just pulled sponsership from Gamasutra over it http://techraptor.net/2014/10/01/gamasutra-intel/10/01/2014 - 8:40pm
quiknkoldP.T. is a game I just cannot play alone. I puss out hard on it. need somebody with me when I play that. Kojima was right. it is Pants Shittingly Scary10/01/2014 - 6:17pm
quiknkold@james_fudge not playin all the way through. P.T, Silent Hill(Not sure which), Resident Evil Gamecube Remake, Alien Isolation, Ghostbusters, Outlast, Super Castlevania 410/01/2014 - 6:04pm
james_fudgeI wish I could like that last shout.10/01/2014 - 5:48pm
MechaTama31Tried out Sims 4 on my brother in law's pc. Promptly got my sim exhausted, to soil himself, then sent him without cleaning up to mock people at the museum. Good times...10/01/2014 - 5:33pm
E. Zachary KnightSo they figured out how to share CPU cycles between pools and their advanced emotions engine? Sweet.10/01/2014 - 2:53pm
MaskedPixelantehttp://www.joystiq.com/2014/10/01/ghosts-pools-darth-vader-coming-to-the-sims-4/ Pools no longer impossible.10/01/2014 - 2:06pm
james_fudgeDon't eat angry.10/01/2014 - 1:49pm
E. Zachary KnightI am pretty hungry. I feel like I could smash some supper. Not sure if I am up for making a collage though.10/01/2014 - 1:00pm
Matthew Wilsonhttps://www.facebook.com/SmashBrosEN/events What a weird idea. Nintendo will be bringing Supper smash brothers for 3ds and wiiu to collage football games.10/01/2014 - 12:52pm
PHX CorpI'll give the hosting 2 Streams on twitch a spin during extra life marathon10/01/2014 - 12:41pm
james_fudgequiknkold:: oh yeah which games?10/01/2014 - 11:20am
Andrew EisenInfophile - Your comment is on the second page. Scroll to the bottom and click "Previous Entries."10/01/2014 - 9:55am
MaskedPixelantehttps://time.com/3450854/amc-netflix-imax-crouching-tiger-hidden-dragon-boycott/ Theatres refuse to show the new Crouching Tiger movie because... well, I'm sure they've got a good PR spin reason, pick one.10/01/2014 - 9:06am
IanCForza Horrizon 2 isn't even out yet, but theres already a 31 car DLC pack, along with a season pass....10/01/2014 - 8:42am
quiknkoldstarting my Halloween Spooktacular Stream today. Every day from 7-11, I'm going to be streaming Spooky games on Twitch.10/01/2014 - 8:37am
MaskedPixelanteSteam is going to start charging us Canadians in CAD. This is bad news... for people who don't use key sellers like GMG and GamersGate.10/01/2014 - 7:23am
 

Be Heard - Contact Your Politician