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

Did Microsoft pay too much ($2.5 billion) for Minecraft developer Mojang?:

Shout box

You're not permitted to post shouts.
NeenekoAh, that old straw man. That is one of the ironies about the discussion, the whole point is showing how good people can still have problems with sexism and not realize it.09/17/2014 - 9:11pm
Andrew EisenYes, there have been a handful of op-eds suggesting that the term “gamer” has become tainted (two that I know of) but that’s the opinion of only a few. I've seen an equal number from those who disagree.09/17/2014 - 8:55pm
Andrew EisenExcept, you haven't provided a single example of a site that’s actually calling gamers a "collective of Sexist White Bigoted Basement Dwelling Manchildren."09/17/2014 - 8:55pm
TechnogeekIf you want to make the stereotype of gamers less painful, try calling people out when they do bad shit rather than handwave it away as "not all gamers". Even if it is a few bad apples, that'll still more than enough to spoil the barrel.09/17/2014 - 8:53pm
quiknkoldI'm not going to Sell Gamergate anymore. It can sell itself. But I will sell the integrity of the Gamer. That we are still good people, who create and donate to charitys, Who engage with those around us and just want to have a good time.09/17/2014 - 7:35pm
quiknkoldpeople should not be harrassed and punished for the actions of a few. I've always welcomed and accepted everybody who wanted to join in. Who wanted to make them, or play them. I love good strong female protagonists, and want more.09/17/2014 - 7:35pm
quiknkoldOne of the tennants of Gamergate is to stand up against Harrassment. That Gamers arent like those assholes. We can argue for days if the Sexism or Antifeminism or corruption is there or not, But the one thing I believe in and wear on my sleave is that09/17/2014 - 7:35pm
quiknkoldBut there were these websites, attacking me and people like me, for the actions of a few. and then others joined in on Twitter and other places. there was a hashtag that said "explain in 4 words a gamer" and it made me sick.09/17/2014 - 7:35pm
quiknkoldManchildren who are awful people and that the Identity of the Gamer should die. This hurt me personally. I've always identified as a Gamer. Even in my childhood years, I was a Gamer. All my friends are Gamers. Its one of the core parts of my identity.09/17/2014 - 7:34pm
quiknkoldUltimately, With the whole Gamergate thing, I jumped on it due to the harassment. A small number of assholes harrass Anita and Zoe, and then all the publications lumped together Gamers as this collective of Sexist White Bigoted Basement Dwelling09/17/2014 - 7:34pm
quiknkoldEZacharyKnight : Lemme ask you a question. We have people who cling to walls, people who fire lasers from their eyes, people who can shapeshift....and yet fabric needs to be upheld to RL physics?09/17/2014 - 6:54pm
james_fudgebody paint?09/17/2014 - 5:33pm
E. Zachary Knightquiknkold, I stand corrected on the buttcrack thing. Still, I know of no fabric that actually does that.09/17/2014 - 5:05pm
Andrew EisenSo... it's unethical to discuss the ethics surrounding public interest vs. personal privacy?09/17/2014 - 4:45pm
prh99The source for the game was just released not long ago, it's at https://github.com/keendreams/keen09/17/2014 - 4:43pm
prh99An Indiegogo champagin bought the rights to the early 90's game Keen Dreams to make it open source and release it on GOG etc. https://www.indiegogo.com/projects/let-s-get-keen-dreams-re-released-legally09/17/2014 - 4:42pm
james_fudgeAlso http://www.breitbart.com/Breitbart-London/2014/09/17/Exposed-the-secret-mailing-list-of-the-gaming-journalism-elite09/17/2014 - 4:29pm
Andrew EisenI read the Kotaku story. Nowhere does it say anything close to "Gamers are white bigoted sexist losers." It's commenting specifically on the crap being slung at people discussing gender issues in games. So, what's the problem?09/17/2014 - 4:06pm
Andrew EisenYeah, I can imagine Spiderwoman posed like in your second link.09/17/2014 - 4:00pm
Andrew EisenThat's not the same pose. Spiderman (who is wearing an actual outfit rather than body paint) is crouched low to the ground. Kinda like a spider! Spiderwoman has her butt up in the air like she's waiting to be mounted.09/17/2014 - 3:59pm
 

Be Heard - Contact Your Politician