Last month we heard that Apple had filed an injunction against Amazon after Amazon launched its Android app store which it called the ‘Amazon Appstore’, and now the judge dealing with the case has denied Apple’s injunction.
The judge ruled that Apple had not established that the term ‘App Store’ was famous, and said that there is evidence that the app store term is used by other companies, even though Apple holds various trademarks for the term.
The court finds that Apple has not established a likelihood of success on its dilution claim. First, Apple has not established that its “App Store” mark is famous, in the sense of being “prominent” and “renowned.” The evidence does show that Apple has spent a great deal of money on advertising and publicity, and has sold/provided/furnished a large number of apps from its AppStore, and the evidence also reflects actual recognition of the “App Store” mark. However, there is also evidence that the term “app store” is used by other companies as a descriptive term for a place to obtain software applications for mobile devices.
This of course isn’t the end of the matter between the two companies, and the judge has scheduled a trial for October.
Source Gadgetsteria, Cnet
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