Apple fails in Amazon Appstore lawsuit

It looks as if Apple may be suffering with delusions of grandeur when it comes to judging how influential its App Store name is - at least that is the assessment of a federal judge in the States overseeing the tech giant's injunction request against Amazon.

Apple was seeking a preliminary injunction preventing Amazon's use of the term Appstore - its Android app portfolio that it launched back in March.

The Cupertino company filed a complaint stating: "Amazon has unlawfully used the App Store mark to solicit software developers throughout the United States.

"Amazon has begun improperly using Apple’s App Store mark in connection with Amazon’s mobile-software developer program."

However, US District Court for Northern California, Judge Phyllis Hamilton denied the request with the court's report stating:

"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."

Not as big and famous as you thought then eh Steve? Maybe some more magical adverts would do the trick.

App Store, Appstore, Market, Marketplace.....does it really matter what it's called? Give us your thoughts below...



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