Thursday, July 07, 2011

Apple Hit With Major Setback In 'Appstore' Case

Apple has been hit with a major setback in it's attempts at blocking online retailers from using the "App Store" name.

U.S. District Judge Phyllis Hamilton has ruled that Apple cannot block Amazon from using “Appstore” as the name of the company's new Amazon Appstore for Android. However she did not go so far as to rule that the term is generic as Amazon, Microsoft and others had contented.

According to the decision, Apple simply failed to show that a “likelihood of confusion” would result from Amazon’s use of the term.

The initial ruling was based on a lawsuit filed by Apple seeking a preliminary injunction to force Amazon (and eventually others) to stop using the term immediately, effectively forcing them to re-brand.

While its just a preliminary ruling things looks fairly bleak at this point for Apple. Hamilton set a trial date for October 2012 at which time she will hear further arguments from both sides. The case in U.S. District Court, Northern District of California is Apple Inc v. Inc, 11-1327.

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