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Apple Denied Preliminary Amazon “Appstore” Use Ban, Won’t Get to Fight in Court Until October 2012

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Amazon can sigh a huge sigh of relief as they have just gotten some good news from California district court judge Phyllis Hamilton. The judge ruled that, while “App Store” isn’t really a generic term, Apple’s inability to provide evidence of consumers getting their store mixed up with Amazon’s forced her to deny Apple’s request to get them name banned until a full court case has been carried out.

Apple does own the trademark for “App Store”, however Amazon’s “Appstore” is deemed different enough that they will be able to continue using the name… for now. Judge Hamilton set a court date sometime in October 2012. This is an odd situation for Amazon that could be a good thing or a bad thing. It’s good because, in the near term, it will allow them to keep using the Appstore name. It’s bad because this gives Apple enough time to build a true case to present in court, meaning Amazon may very well have to end up changing the name in the future.

We still don’t know what sort of impact this will have on Amazon’s business should Apple eventually win. They’ll likely have to change the name of their store, but is that such a big deal? For Amazon, it may seem so – being able to market your store as the “Appstore” is an extremely valuable thing in today’s day and age. But having to change identities isn’t really that big of a deal as long as you make it clear to your customers what your store is known as. Anyway, this is a long one, folks. [Reuters]

Quentyn Kennemer
The "Google Phone" sounded too awesome to pass up, so I bought a G1. The rest is history. And yes, I know my name isn't Wilson.

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7 Comments

  1. Apple sucks!! This is such a waste of time.

  2. Great news, i don’t see how the judge says “app store” isn’t a generic name. But at least Apple isn’t getting away with it for now.

  3. If Apple user are confuse they are fuckin stupid as hell. You can’t use outside apple on a non-jail broken phone anyway. Apple can suck big one.

    1. Apple users are confused about this. Apple says so. You correctly explained the reason behind the confusion.

  4. Amazon should unofficially leak a rumour that it will change the name of their “appstore” the day before the Oct 2012 court case. If they go ahead with the name change then Apple may well have spent huge amounts of cash putting together a court case which wasn’t needed. On the flip side, Apple may not put much effort into building the case to save money only to find that Amazon do not make the change at all. Keep Apple on their toes :-D

  5. Why not just rename it Amazon apps? Or the Amazon app store? Appazon?…stretching but you get my point…

  6. If it’s not copyrighted why can’t amazon use applstore since they are selling applications.

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