Menu
Kim Kardashian Leaked Photos Backlash

Kim Kardashian Leaked Photos Backlash

Benedict Cumberbatch is Alan Turing in The Imitation Game

Benedict Cumberbatch is Alan Turing in The Imitation Game

Amber Heard Topless Photo Leaked

Amber Heard Topless Photo Leaked

The Sexiest Halloween Costumes of 2014

The Sexiest Halloween Costumes of 2014

Oculus Unveils Crescent Bay, its New Virtual Reality Headset Prototype

Oculus Unveils Crescent Bay, its New Virtual Reality Headset Prototype

Apple Loses 'App Store' Case Against Amazon

Jul 7 2011, 5:09pm CDT | by , in News | Apple

Consumers would not likely confuse the two services

Apple Loses 'App Store' Case Against Amazon
 
 

A judge has slapped Apple in the face, saying its claim that Amazon's "Amazon Appstore" service could cause consumers to be unable to differentiate it from the "iTunes App Store."

It became a case of common sense when Apple sued Amazon, pointing to the fact that it had the the trademark rights to the term 'App Store.'

But Amazon, and really anyone else with a brain, scoffed at the complaint, saying that "app store" was no different than calling something an "electronics store" or "grocery store."

And not surprisingly, the judge in the case agrees, to some degree. US District Judge Phyllis Hamilton affirmed this week that Apple "has not established a likelihood of confusion" between the iTunes App Store and the Amazon Appstore.

However, she was not convinced enough to say that "app store" was "purely generic." To Apple's credit, it does rightly point out that no one really ever referred to digital software platforms as app stores until the iPhone came out.

Nevertheless, the case is a loss for Apple because in order to collect damages, it had to prove that Amazon's service created consumer confusion. This is why, for example, Delta is both the name of an airline company and a manufacturer of bathroom fixtures. Neither company would dare sue the other because no one could possibly confuse the two.

So in short, the Amazon Appstore isn't going anywhere, and with this ruling, it wouldn't be surprising to see other digital download platforms start using the "app store" name from now on.

Via Bloomberg

You Might Also Like

Updates

Shopping Deals

 
 
 

<a href="/latest_stories/all/all/6" rel="author">Mark Raby</a>
Based in New York City, Mark follows the consumer electronics industry like a hawk. A published book author, he has a particular affinity for 3D technology and video games, and as such will surely be in the market for a new pair of glasses soon. Mark can be contacted directly at mark@i4u.com.

 

 

Comments

blog comments powered by Disqus

Latest stories

Sammy Watkins Owns Up to Poor Week 3 Performance
Sammy Watkins Owns Up to Poor Week 3 Performance
Buffalo Bills rookie wide receiver Sammy Watkins caught for just 19 yards in his team's 22-10 loss to the San Diego Chargers on Sept. 21. He owned up to it, telling ESPN he took a play off on their final drive of the game.
 
 
Kate Hudson Checks Off Item on Bucket List
Kate Hudson Checks Off Item on Bucket List
The star also claimed she can feel the presence of ghosts as her mother has done.
 
 
Darren Sproles Making Big Impact With Philadelphia Eagles
Darren Sproles Making Big Impact With Philadelphia Eagles
New Philadelphia Eagles running back Darren Sproles is making a big impact in his first year with the team.
 
 
PS TV Will Launch With Nearly 700 Titles
PS TV Will Launch With Nearly 700 Titles
The new device is on track to launch Oct. 14th.
 
 
 

About the Geek Mind

The “geek mind” is concerned with more than just the latest iPhone rumors, or which company will win the gaming console wars. I4U is concerned with more than just the latest photo shoot or other celebrity gossip.

The “geek mind” is concerned with life, in all its different forms and facets. The geek mind wants to know about societal and financial issues, both abroad and at home. If a Fortune 500 decides to raise their minimum wage, or any high priority news, the geek mind wants to know. The geek mind wants to know the top teams in the National Football League, or who’s likely to win the NBA Finals this coming year. The geek mind wants to know who the hottest new models are, or whether the newest blockbuster movie is worth seeing. The geek mind wants to know. The geek mind wants—needs—knowledge.

Read more about The Geek Mind.