Consumers would not likely confuse the two services
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 "iTunesApp 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 digitalsoftware 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.
Mark Raby 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 firstname.lastname@example.org.
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