Apple’s Preliminary Injunction Against Amazon’s “Appstore” Denied

apple in newsApple’s preliminary injunction against Amazon for the term “app-store” has been denied by a Federal Court Judge.

The case goes back a long way.  In 2008, Apple attempted to trademark the term “app-store”.  However, the original request was denied.  It was not until 2010 did Apple get rights to the term–after an appeal.

After being granted with the trademark, Microsoft filed a complaint with  the Trademark Trial and Appeal Board (TTAB) that “app-store” was too generic–  that it is not fair to give Apple the rights to the term.  Soon after that injunction, Amazon decided to go ahead with their project for a Amazon Appstore for Android.  Apple then forced litigation against Amazon, proposing that they had violated trademark law.

Apple’s motion for preliminary injunction was denied because the Federal Court judge felt their case was too weak.  The claim that the term “app-store” was too generic ended up being the primary argument against Apple.  Amazon, like Microsoft, used this argument to great success.  Amazon further explained that they are not just using Appstore, but the full title “Appstore for Android”.  By that rationale, they claim that there is no case validating an infringement on their part.

So, the burden is on Apple to provide stronger evidence if they want a chance at winning this case.  As of right now, it appears incredibly unlikely.  Many analysts could have predicted this outcome from the onset.  The term “app-store” will probably be considered as a generic industry term.  The TTAB may end up hurting Apple’s case more than it would help.

SOURCEhttp://arstechnica.com/       

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