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Judge says she will probably deny Apple's request to block Amazon's Appstore for Android name

Posted: , by Alan F.

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Judge says she will probably deny Apple's request to block Amazon's Appstore for Android name
U.S. District Judge Phyliss Hamilton said on Wednesday that Apple has a "stumbling block"  in trying to get the court to rule that the Amazon Appstore for Android infringes on Apple's trademarked App Store name. The Judge says that the Cupertino based firm has failed to prove that people would confuse the two titles. Apple needs to prove that there is "real evidence of actual confusion" and while the Judge says that she has not made a final ruling and will re-read some of Apple's supporting papers, she said Apple is not likely to win the case at this point.

Amazon debuted its Amazon Appstore for Android just a couple of days after Apple brought the suit in March. The tech giant accused the online retailer of "improperly" using its trademark to get developers to write programs for its platform. Apple said it tried three times to contact Amazon but did not receive a "substantive response". As we reported, Amazon said that the term "app store" is generic and would not be confusing. Apple countered by saying that Amazon's Appstore is
"inferior and will tarnish Apple's (trade) mark". Apple also claimed that Amazon's Appstore for Android was a security hazard because Amazon's store offers apps for rooting an Android device and rooted handsets are more likely to be the victim of security breaches.

The suit also has allowed for some bickering between Apple and rival Microsoft. The latter has been among the biggest opponents to the use of App Store as a trademark, agreeing with Amazon that the term is generic. Apple's quick response to the guys at Redmond was that if App Store is a generic term, so then is Microsoft Windows. Touche.

source: AppleInsider

A U.S. District Court Judge says she is likely to deny Apple's request to block Amazon from using the namew Appstore

A U.S. District Court Judge says she is likely to deny Apple's request to block Amazon from using the namew Appstore


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posted on 22 Jun 2011, 20:54 2

1. why (unregistered)


Petty

posted on 22 Jun 2011, 20:55 3

2. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


it is alright.. apple is gonna sue the s**t out of all other companies with their newly awarded multitouch/capacitive display patent...

posted on 22 Jun 2011, 21:09 6

3. beatlesfan (Posts: 150; Member since: 03 Mar 2011)


No way, apple would sue a company? That's surprising!

posted on 22 Jun 2011, 22:15 2

7. protozeloz (Posts: 5375; Member since: 16 Sep 2010)


according to thisismynext, not much

http://thisismynext.com/2011/06/22/apple-granted-patent-webpage-scrolling-behaviors-media-crazy/

posted on 23 Jun 2011, 00:22 1

13. jroc74 (Posts: 4732; Member since: 30 Dec 2010)


lol...yea..the pro Apple, iPhone folks need to sit down and read what that patent's really about. Other mobile OS's probably dont even use that right now.

The problem is sites and blogs just ran with general titles and it blew up over the web.

A typical day in the life of the interwebz...

posted on 23 Jun 2011, 14:26 1

24. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


r u kidding me? pinch to zoom?

posted on 22 Jun 2011, 21:18 3

4. wateatree (unregistered)


Seriously Apple, seriously? It's sad seeing them sue every company that has anything to do with their iPhone.

Apple, the iPhone was cool when it first came out, hell it was even revolutionary at the time, but now it's just outdated and the iPhone 5 probably won't even be on par with the Galaxy S2

posted on 22 Jun 2011, 21:29 2

5. Droid_X_Doug (Posts: 5753; Member since: 22 Dec 2010)


The problem for Apple in this lawsuit is that it is pretty hard to confuse "Amazon Appstore for Android" with Apple App Store. It just doesn't pass the smell test.

Apple's attorneys are starting to drink the Kool-Aid that the PR types have been selling.

posted on 22 Jun 2011, 22:05 4

6. Sniggly (Posts: 7000; Member since: 05 Dec 2009)


Lol, it just isn't a good day for Apple's legal department. For once I find myself agreeing with the court system's decisions.

Apple's argument is ridiculous. Only a retarded developer would take more than two steps without realizing that he can't code an iOS app for an ANDROID APP STORE.

posted on 22 Jun 2011, 23:36 1

11. iwebdroidberry7 (Posts: 230; Member since: 17 Jan 2011)


Of course you agree with the courts decision, because its against Apple. Why isn't today a good day for Apples legal department? They gave Sasmung a big middle finger today as well as secured a multi-touch patent.

posted on 23 Jun 2011, 01:16 1

16. doubler86 (Posts: 318; Member since: 26 Jan 2011)


Ur an idiot if u think that multi-touch patent means anything, it basically only regards a page within a webpage. The smaller part can't be multi-touch now. Besides google maps what the hell small frame would u want to zoom into? Which no one who has an Android will use google maps on a website when they can just copy the address and open google maps and then use multi-touch.

I swear just like any apple user or advocate, you never get all the facts or else you would never buy apple products or try and defend them.

posted on 22 Jun 2011, 22:17 2

8. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


Because we all know these other companies can't be more original rather than copy Apple.

posted on 23 Jun 2011, 01:31

17. ztedac (Posts: 69; Member since: 17 May 2010)


i would imagine apple suing other companies as the main source of income and it is the way to keep their market share

other than that... apple is not as original as you would think...

posted on 22 Jun 2011, 22:33 3

9. DroogV59 (Posts: 37; Member since: 02 Jun 2011)


Apple is doing a spanking fine job of "tarnishing their trademark" all by themselves with all these frivolous lawsuits.

posted on 22 Jun 2011, 22:35 1

10. snowgator (Posts: 3209; Member since: 19 Jan 2011)


I actually am surprised this one went the way it did. Both are selling apps, both use the name "App store", and Apple was there first with the copyright. The Judge says Apple hasn't proved it would be confusing, but I didn't think that was the point. Copyright laws are there to keep some other company from using your success to promote their like product. Apple shouldn't have to prove confusion, only that Amazon is using a copyrighted name to push a similar product. There is no doubt to that. I am not a huge Apple fan, but I thought this one was pretty clear on their side. If this isn't violating the copyright laws, then why bother copyrighting? Can a new cola distrubuter use the name Coke so long as they add a word? Can a new car company use the term "Ford" so long as they don't confuse people? Weird ruling.

Apple better hope the Samsung suit doesn't come to a head soon- they are not on a winning streak in the courts.

posted on 23 Jun 2011, 00:04

12. Stoli89 (Posts: 333; Member since: 28 Jun 2010)


I thought we were discussing trademarks, not copyright.

posted on 23 Jun 2011, 00:30 1

14. Droid_X_Doug (Posts: 5753; Member since: 22 Dec 2010)


You are confusing copyright with trademark. Apple sued Amazon over the App Store trademark. In trademark litigation (at least in the U.S.), the burden of proof is whether the claimed infringement causes confusion in the marketplace. It is pretty hard to confuse Amazon Appstore for Android with the Apple App Store. So far, Apple has not met their burden of proof and the judge seems ready to rule against them.

posted on 23 Jun 2011, 03:10 1

19. snowgator (Posts: 3209; Member since: 19 Jan 2011)


Wow. I missed the mark on that. Thanks for the legal 101 when I needed it.

posted on 23 Jun 2011, 00:55 3

15. Thump3rDX17 (Posts: 2160; Member since: 10 May 2010)


so who thinks "Microsoft Windows" is a generic term?



didn't think so.

posted on 23 Jun 2011, 01:36

18. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


Oh well. Amazon knows that what they're doing is unethical. They know that they're simply riding on to what Apple has built and made popular. The AppStore. The court may favor Amazon, and it is in a way understandable, but no one can deny that it was Apple who trademarked the term "AppStore" first as part of their Apple AppStore title, and made it a household name for a place to purchase apps for iOS users. Microsoft, Samsung, and even Nokia recognize that, and that's why they came up with their own names for their application stores. Karma is a biatch Amazon, and it will eventually bite you back ;)

posted on 23 Jun 2011, 03:11

20. XrandomandroidX (unregistered)


sometimes i call the android market android app store too. are you gonna sue me apple?

posted on 23 Jun 2011, 07:34 1

21. kaka (unregistered)


@530gemini - yes Apple is feeling the karma themselves....suit them.

posted on 23 Jun 2011, 08:26

22. dandirk (unregistered)


Again use of the "Microsoft Windows" example is poor at best.

1. Windows is just a generic as Apple... Yet both are valid trademarks in the tech industry (only).

2. Both Windows and Apple are generic, general use words from OTHER areas of the language (outside of computers, computing, technology). Thus the reason why they can be trademarked for the technology market. YES! I could open a car wash called Apple or Windows and they could not sue me (with success at least).


App Store - is a generic term (imho) but one whos definition is based in the technology industry, therefore it should not be trademark-able in the same industry (but ok in others like car washes).

Apple is defending what was given to them, they should NEVER have received the trademark to begin with.

posted on 23 Jun 2011, 08:34

23. Rich (unregistered)


weehee, miihii, miihii.... waaah waah wahh. "im steve jobs and i get credit for inventing everything thats already been invented before... but i still sue when people call something similar to what ive called it" weehee weehii wahh waahh

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