Court Denies Preliminary Injunction Against Amazon for 'App Store' Use

July 7, 2011 -

A federal court judge has put the kibosh on Apple's attempt to get a preliminary injunction against Amazon for its use of the term "App Store." While the judge denied Apple's request his order suggests that Apple may still have a slight chance to prove trademark infringement at trial. Still, with the injunction attempt denied it seems like Apple may have a hard time proving its case.

Apple filed for the term "App Store" in 2008, and while the original application was rejected, it later received approval in 2010. In July of 2010 Microsoft filed an objection, saying that the term was too generic, and later asked the Trademark Trial and Appeal Board to issue a summary judgment denying Apple's application. While all that was happening Amazon announced that it planned to launch its own Marketplace, at the time calling it the "App Store for Android." After that announcement Apple filed a lawsuit against the online retailer claiming "trademark infringement, dilution, and tarnishing."

Amazon answered the lawsuit by saying what Microsoft had said: the term is too generic to be protected by a trademark. That matter has yet to be decided by the TTAB. Amazon added that the term "for Android" made it clear that the products therein were meant for Android devices and not anything manufactured by Apple.

Apple's last action was to ask for a preliminary injunction. Today that request was put to bed. US District Judge Phyllis Hamilton said a few weeks ago that she would probably deny the company's motion because their arguments were weak. Hamilton concluded that Apple had shown no evidence of "dilution or tarnishment" of the App Store trademark. She also concluded that Apple's evidence supported two of eight legal criteria to establish infringement.

Source: Ars Technica


 
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Matthew Wilson@EZK we need more female leads for sure, but if the game isnt good to start with it does not matter.06/30/2015 - 9:41pm
E. Zachary KnightMatt, But if we don't include more women leads in games, the chances of them leading a good game drops considerably. That is a big problem. The games industry is already risk adverse and you seem to be suggesting that it stay that way.06/30/2015 - 9:36pm
MattsworknameWhining about games not haaving enought females, thats foolish, cause if the games are good, then the lead will be well known as a result.see alex vance, she wasn't even the playable lead, but she's so well known cause half life 2 was such an amazing game06/30/2015 - 9:04pm
MattsworknameOn the subject of gaming. Im of the opinion that, its fine if there are more FEMALE leads, but if the game itself isn't good? then your doing a disservice by having a female lead cause they wont get any recognition or attention.06/30/2015 - 9:01pm
Mattsworknameandrew, im not as hyped, without the origional cast, I feel it just won't have the same impact . I'll still give ti a shot, but my expectations are low for it. Its a shame we lost ramis.06/30/2015 - 8:57pm
PHX Corphttps://www.youtube.com/watch?v=xIojPUPGhjY IWALVG:GameStop Goes RETRO? Let's Check It Out!06/30/2015 - 8:26pm
Andrew Eisen(Ghostbusters is my favorite movie, if anyone was wondering why I'm so unusually excited for this project.)06/30/2015 - 7:01pm
Andrew EisenI am so completely over-the-moon with excitement for the new Ghostbusters movie! It's going to absolutely destroy me if it sucks. Long wait. Fingers crossed!06/30/2015 - 7:00pm
Goth_SkunkAdditionally, the entry really doesn't have much of a point to it. It's just a long, rambling rant akin to what an angsty high-school student would write on their facebook page.06/30/2015 - 6:51pm
MonteAnd most of those viewpoints just so happen to revolve around women and topics that feminists cover, and not actual gaming journalism.06/30/2015 - 6:51pm
Goth_Skunk@DocMelonhead: First off, thanks for using an archive. Second, I would argue that Miss Alexander doesn't know the right women. Given the members of her echo-chamber, I don't find that surprising in the least.06/30/2015 - 6:50pm
Goth_Skunk@Monte: GamerGate does not focus attention on feminists; it focuses its attention on viewpoints it happens to disagree with. The fact that most of those opinions happen to come from radical feminists is a coincidence.06/30/2015 - 6:31pm
Andrew EisenBut hey, we all make bad videos from time to time. I'm certainly not going to hold that single one against her.06/30/2015 - 6:31pm
Andrew EisenAh, okay. I probably don't read their blogs or follow them on Twitter so I've never heard anything they've had to say. The only thing I know about Sommers is the video we reported on a while back and I certainly wouldn't classify that as scholarly!06/30/2015 - 6:30pm
Goth_SkunkAlso, "junior campus feminist" is a young (late teens to late 20's, hence "junior") college student radical activist (see Emma Sulkowicz as an example). This, as opposed to a more mature, scholarly feminist like Sommers.06/30/2015 - 6:24pm
Andrew EisenNo, because "feminisim" isn't a group. There are feminist groups with leaders though.06/30/2015 - 6:23pm
Goth_SkunkDoes Feminism have a leader?06/30/2015 - 6:19pm
Andrew EisenWell, maybe the SPJ Airplay discussion will be just what everyone needed and we'll all live happily ever after!06/30/2015 - 6:16pm
MonteFrankly, for those in it for jounalism, the best thnig they can do is forget GG and find a new Tag. By using GG theybring with themselves all of the baggage that comes with it, and thus no one listens to them. They voices would go farthar without trolls06/30/2015 - 6:12pm
MonteThing is with internaet movements, their is no leadership or membership which means ANYONE can define it and use it as they please. No one member gets to sayhis version is right and everyone else is wrong because his claim is just as valid as theirs06/30/2015 - 6:10pm
 

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