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

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

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1. why unregistered


2. Lucas777

Posts: 2137; Member since: Jan 06, 2011

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

3. beatlesfan

Posts: 150; Member since: Mar 03, 2011

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

7. protozeloz

Posts: 5396; Member since: Sep 16, 2010

13. jroc74

Posts: 6023; Member since: Dec 30, 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...

24. Lucas777

Posts: 2137; Member since: Jan 06, 2011

r u kidding me? pinch to zoom?

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

5. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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.

6. Sniggly

Posts: 7305; Member since: Dec 05, 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.

11. iwebdroidberry7

Posts: 230; Member since: Jan 17, 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.

16. doubler86

Posts: 320; Member since: Jan 26, 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.

8. The_Miz

Posts: 1496; Member since: Apr 06, 2011

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

17. ztedac

Posts: 69; Member since: May 17, 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...

9. DroogV59

Posts: 37; Member since: Jun 02, 2011

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

10. snowgator

Posts: 3624; Member since: Jan 19, 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.

12. Stoli89

Posts: 333; Member since: Jun 28, 2010

I thought we were discussing trademarks, not copyright.

14. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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.

19. snowgator

Posts: 3624; Member since: Jan 19, 2011

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

15. Thump3rDX17

Posts: 2160; Member since: May 10, 2010

so who thinks "Microsoft Windows" is a generic term? didn't think so.

18. 530gemini

Posts: 2198; Member since: Sep 09, 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 ;)

20. XrandomandroidX unregistered

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

21. kaka unregistered

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

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.

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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