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Amazon's Use of 'Appstore' Does Not Violate Apple's Trademark

Lora Bentley

No matter how much Apple argues that it should be entitled to exclusive use of the term "App Store" to describe its collection of applications for mobile devices, it doesn't seem to be working.

 

When Microsoft protested Apple's trademark application for the phrase, it pointed to examples where even Apple CEO Steve Jobs used it generically. "An app store is an app store," Microsoft representatives said at the time, even though Apple was the only application provider to call its collection of digital downloads by that name then.

 

But Amazon jumped straight into the fire with its Appstore for Android, and Apple promptly filed suit. This week, a U.S. District Court decided that Apple did not prove a likelihood of confusion between its App Store and Amazon's Appstore to warrant an injunction preventing Amazon from using the term.

 

Interestingly, TG Daily reports, the judge did not go so far as to say "app store" is just as generic as "grocery store." She noted that even the idea of an app store was a foreign one until Apple debuted its iPhone.


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Jul 9, 2011 12:01 PM Sir Walter Sir Walter  says:

They are certainly arguing semantic in this case of the use of the word aps

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