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 :

Shout box

You're not permitted to post shouts.
Wonderkarpits unattractive, andrew01/27/2015 - 3:46pm
Andrew EisenFant4stic. Ugh, they're doing the "replace a letter with a number" thing. I hate that. Does anyone think that's cool or attractive? Anyone at all?01/27/2015 - 1:56pm
IvresseEh, trailer's still better than all the Fantastic Four movies combined, tbh...01/27/2015 - 12:45pm
Matthew WilsonIt will never happen, but I wish fox would sell the rights back to disney.01/27/2015 - 11:05am
E. Zachary KnightWell, they went with whimsical and carefree for the first two and they bombed, so now they have swung the pendulum all the way in the other direction hoping it works.01/27/2015 - 11:01am
Andrew EisenIt's like Fox is trying to scare us off.01/27/2015 - 10:57am
Andrew EisenMaybe I'm just a curmudgeon but this is so amazingly the wrong tone for the Fantastic Four. https://www.youtube.com/watch?v=e-BVs-KCSiA01/27/2015 - 10:53am
ConsterSince the ads are in the USA, you're technically correct. Personally, though, I feel the same way as you but in the opposite order: while the ads were legal and the defacing isn't, I really appreciate the sentiment.01/27/2015 - 8:21am
MechaTama31I appreciate the sentiment of the Ms Marvel thing, but defacing *is* still defacing, and free speech is a license to spread hate, if that's really what you want to do with it.01/27/2015 - 7:42am
ConsterAm I the only one imagining the Deep Silver spokesperson making scare quotes Dr Evil style while saying 'incorrectly classified'?01/27/2015 - 7:22am
Michael Chandrahttp://www.telecompaper.com/news/kpn-vodafone-fined-for-net-neutrality-violations--106167501/27/2015 - 5:10am
Michael ChandraThe other for allowing people to watch HBO through an app without being charged for the data-traffic, which was steering customers in their internet behaviour. Both of them against the Net Neutrality Law. 01/27/2015 - 5:10am
Michael ChandraYay, two dutch telephone companies got fined. :) One for blocking selective traffic at their free wifi-hotspots (internetcalling amongst others, prolly Skype and such).01/27/2015 - 5:09am
Andrew EisenHow many people do you think will return their copy for a censored version of the game? My money is on zero.01/27/2015 - 12:47am
Goth_Skunk@Cheater: If I were an Australian consumer, there's no way I'd be returning it.01/26/2015 - 10:43pm
Cheater87Ooops http://stevivor.com/2015/01/ps4-copies-saints-row-iv-re-elected-undergoing-product-recall-australia/01/26/2015 - 10:13pm
Andrew EisenOkay, well I've passed the request along.01/26/2015 - 9:03pm
ZippyDSMleeI loath itunes..........01/26/2015 - 9:02pm
Goth_SkunkUNLESS you haven't downloaded the most 3 recent episodes. Then it cancels your subscription automatically.01/26/2015 - 8:56pm
Goth_Skunk@AE: No. iTunes instead just downloads it automatically, provided you've set it up to do so in your preferences.01/26/2015 - 8:56pm
 

Be Heard - Contact Your Politician