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.
Background of the Legal Dispute
The legal battle between Apple and Amazon over the use of the term “App Store” began when Amazon launched its own app marketplace for Android devices, naming it the “Amazon Appstore.” Apple, which had already established its own App Store for iOS devices, argued that the term “App Store” was closely associated with its brand and that Amazon’s use of the term could cause confusion among consumers. Apple sought an injunction to prevent Amazon from using the term, claiming trademark infringement and dilution.
However, the judge’s ruling highlighted a significant challenge for Apple: proving that the term “App Store” was not only a trademark but also a famous one. The court noted that while Apple had indeed invested heavily in marketing and had achieved substantial recognition for its App Store, the term itself was also used generically by other companies to describe online marketplaces for apps. This generic use weakened Apple’s argument that the term was exclusively associated with its brand.
Implications and Future Proceedings
This ruling is not the final word in the dispute between Apple and Amazon. The judge has scheduled a trial for October, where both companies will have the opportunity to present more evidence and arguments. The outcome of this trial could have significant implications for how trademarks are enforced in the tech industry, particularly for terms that have become widely used.
The case also raises broader questions about the nature of trademarks in the digital age. As new technologies and platforms emerge, companies often coin new terms to describe their products and services. Over time, some of these terms become part of the common vernacular, making it challenging to enforce trademark rights. This is particularly true in the fast-evolving world of mobile apps, where new app stores and marketplaces are constantly being launched.
For example, other companies like Google and Microsoft also operate their own app stores, known as the Google Play Store and the Microsoft Store, respectively. These names clearly indicate their association with their respective companies, but they also use the term “store” to describe a marketplace for apps. This widespread use of similar terminology underscores the difficulty Apple faces in claiming exclusive rights to the term “App Store.”
This of course isn’t the end of the matter between the two companies, and the judge has scheduled a trial for October. The outcome of this trial will be closely watched by other tech companies and legal experts, as it could set a precedent for how trademark disputes are resolved in the digital marketplace.
Source Gadgetsteria, Cnet
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