Apple loses round 1 in Amazon 'appstore' fight
CBC News
Posted: Jul 7, 2011 11:31 AM ET
Last Updated: Jul 7, 2011 3:55 PM ET
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Amazon Appstore for Android, launched in March, offers software for smartphones and tablets running Google's Android operating system.
Daniel Wallis/ReutersA preliminary bid by Apple to stop Amazon from using the term "appstore" has been denied by a California judge.
Judge Phyllis Hamilton of the U.S. District Court of Northern California turned down Apple's request for a preliminary injunction against Amazon that would bar it from using the term while Apple's trademark infringement lawsuit against Amazon moves forward.
Apple, which runs Apple's App Store, launched the lawsuit against Amazon in March, shortly after Amazon unveiled its Appstore for Android, a website that offers software for smartphones and tablets running Google's Android operating system.
Apple is trying to trademark the term "app store" in the U.S., and it alleged in its suit that Amazon was engaging in trademark infringement and unfair competition.
Apple said Thursday that while it did not get the preliminary injunction it wanted, the case is still moving forward.
"We've asked Amazon not to copy the App Store name because it will confuse and mislead customers," the company said in a statement.Hamilton acknowledged in her judgment that Apple had spent a lot of money on promoting and advertising its app store and sold a lot of apps. But she said it has not established that the term "app store" is famous, and it appeared to be "more descriptive than distinctive." She noted that many other companies use the term to describe a place to obtain software for mobile devices.
She also wrote there was no evidence that Amazon intended to create an association between Android and Apple apps.
Apple had argued that inappropriate content, viruses or malware on the Amazon store could tarnish Apple's reputation. But Hamilton said there was no evidence to support that argument, since Amazon does not offer apps for Apple devices.
Apple filed in July 2008 to trademark the term "app store" in the U.S. Microsoft is challenging the application, which is currently before the U.S. Trademark Trial and Appeal Board.
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