Feeds

Apple fails to get US 'App Store' trademark injunction

Judge backs Amazon against fruitbite cargo cult

High performance access to file storage

Apple's claim that it owns the trademark "app store" has been dismissed by a US court.

The computer giant was seeking a preliminary injunction to stop Amazon calling its "app store" the "Appstore".

Apple claimed that "App Store" was a distinctive mark, even though the words app and store are well-known and well-understood.

This claim was rather undermined by Apple's own Steve Jobs, who called Apple's app store: "the easiest-to-use largest app store in the world, preloaded on every iPhone": a claim which suggests that there are other app stores and that people understand what that phrase means.

Apple filed for trademark protection with the US Patent Office in July 2008. Microsoft has already opposed the mark on grounds that it is generic – which could be seen as funny coming from the company which trademarked the word "Windows".

Judge Phyllis Hamilton denied the motion for a preliminary injunction because Apple had failed to establish likelihood of success in its infringement claim.

Apple's lawyers are unlikely to let the case lie. The full hearing is due later this year; seeking a preliminary injunction was just the first step in the case.

The fruity cargo cult faces similar arguments in Europe, where Microsoft, Nokia and HTC are challenging Apple's parallel attempt to trademark Appstore and App Store.

Amazon also insisted that it could not confuse customers because Amazon is not allowed to sell Apple software through its "app store", sorry "Appstore".

Scribd has an apparent copy of the judgment here. ®

3 Big data security analytics techniques

More from The Register

next story
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Banks slap Olympus with £160 MEEELLION lawsuit
Scandal hit camera maker just can't shake off its past
Reprieve for Weev: Court disowns AT&T hacker's conviction
Appeals court strikes down landmark sentence
prev story

Whitepapers

Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.