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Apple Loses Injunction Against Amazon

Apple denied its injunction filing against Amazon to stop the latter company from calling its app store the Appstore and the complaint was due to the fact that they didn’t want consumers getting confused about the App Store and the Appstore. Apple had argued that inappropriate content, viruses or malware on the Amazon store could tarnish Apple’s reputation and Amazon responded in March by saying Apple did not have exclusive rights to use the term…………

 

A U.S. judge denied Apple attempt to quickly stop online retailer Amazon from using the App Store name. Apple filed a trademark lawsuit saying that Amazon has improperly used Apple‘s App Store name to solicit software developers throughout the United States. Apple also asked a federal judge in Oakland, Calif. for a preliminary injunction to stop Amazon from using the name, which Apple says is trademark protected. However, Amazon argued that the term is generic and therefore not protectable. U.S. District Judge Phyllis Hamilton did not agree that the term is purely generic, according to an order released on Wednesday. Apple has not established a likelihood of confusion with Amazon’s services to get an injunction. On Wednesday Apple spokeswoman Kristin Huguet referred to the company’s prior statements, which said Apple asked Amazon not to copy the App Store name because it will “confuse and mislead customers.” An Amazon representative could not immediately be reached for comment.

 

An effort by Microsoft, HTC, Nokia and Sony Ericsson in May sought to invalidate Apple’s European trademarks, while Microsoft’s taken on Apple’s U.S. trademark application with the help of linguists. Apple v. Amazon, Order Denying Motion for Preliminary Injunction:

 Apple v. Amazon, Order Denying Motion for Preliminary Injunction

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