July 7th, 2011 By: THN News
(The Hosting News) – A California district court recently rejected Apple’s request for a halt of Amazon’s use of the title ‘App Store.’ The rejection of the injunction was revealed in papers concerning court proceedings in Oakland.
In the filing, U.S. District Court Judge Phyllis Hamilton stated, “The court finds that Apple has not established likelihood of success as to the infringement claims.”
By denying the injuction, Judge Hamilton also pointed out that various companies use ‘App Store’ as a “descriptive term.” The injunction request was part of Apple’s current lawsuit against Amazon for using the term.
Apple has previously used “App Store” and sought to get the term patented in 2008. However, with the patent process, the U.S. Patent office gave other top companies the chance to object to the filing.
Amazon began using the term “Appstore” in March without the spacing. Apple has argued that its use confuses customers.
As reported by the Wall Street Journal, Apple stated in its initial complaint, “Consumers of mobile software downloads are likely to be confused as to whether Amazon’s mobile software download service is sponsored or approved by Apple.”
Meanwhile, Amazon has argued that the term is generic. So far, the court seems to agree.
Article Source http://www.thehostingnews.com/court-denies-apple%e2%80%99s-app-store-injunction-request-19072.html permits to republish here.
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