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


 
Forgot your password?
Username :
Password :

Poll

Best decade for video games?:

Shout box

You're not permitted to post shouts.
Andrew EisenWhat have you seen that would make you say that?03/27/2015 - 12:30pm
Matthew WilsonIt took 2 genarations of comic book reader before we got good comic book movies. I imagine that will be the case for anime as well.03/27/2015 - 12:28pm
Matthew Wilson@AE yes if they have people that understand the content give it a shot, but as far as I can tell that does not look like it is happening in this case.03/27/2015 - 12:26pm
Andrew EisenI understand the skepticism but I don't think "this will never work" and "no one should even bother" are very healthy attitudes.03/27/2015 - 12:11pm
Andrew EisenWhy would you doubt that? A lot of writers are my age and older, the perfect age to be fans of the content. All I'm saying is it's not impossible to get a good Robotech movie. In fact, it's more likely today than any other time.03/27/2015 - 12:11pm
Matthew Wilson@AE the difference is in the case of marvel the writers and directors clearly understand the source content. I doubt many of any of them are that way with robotech, or any anime for that matter.03/27/2015 - 11:10am
MaskedPixelantehttp://www.playstationtrophies.org/news/news-15838-Sony-Cuts-the-Price-of-PlayStation-TV-Today.html Sony cuts the price of the Vita TV in the UK, still wont force developers to make their stuff compatible with it.03/27/2015 - 10:49am
Andrew EisenMechaCrash - It's true, there are a lot of examples of crap adaptations. But there are increasing numbers of great adaptations such as the Marvel movies. That said, it's certainly going to be an uphill battle at Sony, especially with Tom Rothman around.03/27/2015 - 10:45am
ZippyDSMleeOh live action crap...I dunno with hollywood being stuck in the 90s grimdarkblack mode I can not see how anything would work well other than SNK or Akira.. then again Akira is a bit of head trip...03/27/2015 - 10:11am
MechaCrashI meant Hollywood in general. If they did a Robotech movie, it'd just be a slightly tweaked Macross, because usually when people talk about Robotech, they just mean the first third. Nobody cares about the Masters/Southern Cross or Invid/MOSPAEDA stuff.03/27/2015 - 9:36am
ZippyDSMleeYes Macross is good..... robotech....not so much..... Now Pizza Cats that's the definitive TV dub, if not best dub ever I'd put it up there with COwboy Bebop just becuse the Pizza Cats dub is fun as heck and crazy,Medabots and Fighting Foodons are decent.03/27/2015 - 9:20am
InfophileAged well plot-wise, I mean. The animation is showing its age, but if you don't mind that, the plot holds up quite well03/27/2015 - 6:52am
InfophileRobotech may be 30 years old, but it's actually aged pretty well. Plus, one of the three Japanese franchises that went into making it, Macross, is coming out with a new series soon. So it's far from forgotten or out-of-date03/27/2015 - 6:50am
ZippyDSMleePapa Midnight: Care to take a look at this and tell me what you think about it? http://www.amazon.com/Frisby-FS-5010BT-Surround-Speakers-Bluetooth/dp/B00EYX1N2S/03/26/2015 - 10:27pm
Matthew Wilson@AE I think he means both.03/26/2015 - 9:23pm
ZippyDSMleeuhg either a nap after being up 30 hours or working on my comp blah. Oh wow when did the the all shout box page show 3 times as many shouts 0-o03/26/2015 - 8:30pm
Andrew EisenMechaCrash - Sony in particular or Hollywood in general?03/26/2015 - 7:38pm
Matthew Wilson@mach no way in hell, so that is why I want them to stay away.03/26/2015 - 7:21pm
MechaCrash"Get the movie right" is preferable to "stay away," but do you really think they won't screw it up?03/26/2015 - 7:19pm
Craig R.And yes, 90's games. Damn near all of my fav computer & console games were from that decade03/26/2015 - 7:00pm
 

Be Heard - Contact Your Politician