Apple More than Likely to Lose Amazon Lawsuit, “App Stores” for Everyone

By , Jun 23, 2011

Most of you are probably aware of Apple’s trademark lawsuit against Amazon. But if not, it’s easy to catch up. The online retailer opened up a new app market earlier this year, entitled the Amazon Appstore for Android. Apple’s legal team quickly filed a motion with the courts to ban the retailer from using their trademark.

Apple coined the term back in 2008 when they launched their infamous App Store, and they don’t want customers confusing it with a 2nd rate offering. It looks like Apple is going to have to do better than that, as Bloomberg is reporting that the judge has stated that she will “probably” deny Apple’s motion…

U.S. District Judge Phyllis Hamilton said that after the hearing yesterday, Apple’s difficulty demonstrating real evidence of actual confusion is a stumbling block for the company. Apparently, she’s not buying a word of Apple’s latest filing:

“Like honeybaked ham, a product made by a Michigan company, App Store has  come to be identified by consumers as an Apple service selling downloadable programs for the iPhone and other company devices. Apple has spent hundreds of millions of dollars advertising the service since it was launched in 2008 and will suffer irreparable damage by associations with Amazon’s Appstore service, which provides fewer safeguards against viruses and data security issues.”

Amazon has maintained that the words “App Store” are too generic for Apple to have exclusive rights. The web’s largest online retailer is seeking dismissal of the lawsuit, as well as a court order allowing them to use the term to sell Android apps.

The judge’s decision in this case could have dozens of ripple effects, as companies like RIM and Google have intentionally avoided the use of the term “App Store” in fear of legal consequences. I would also expect Microsoft to say something, seeing as they’ve opposed Apple’s exclusive rights to the moniker from the very beginning.

What do you think?

[9to5Mac]

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  • dinozilla

    Given Apple is the pioneer in coining that name, I believe although there is confusion that might arise, the winning end might still be Apple rather than Amazon, as the consequence is that people might always think of Apple when we talk about “App Store”. Most of us will probably ignore the new entry…

  • http://iphonedownloadblog.com Maxx

    Apple must really think people are dumb. I think every company could have an app store on their phone and website and people would easily recgonize they’re for that brand of devices.

    • Emre SUMENGEN

      Yeah, then every operating system has WINDOWS in them, but none can name it “Windows”, right???

      I really don’t know what the big difference is. Is the term “App Store” more generic than “Windows”?

      There’s the thing to think about…

    • Emre SUMENGEN

      And, every application store don’t need to be named JUST LIKE Apple’s “App Store”, unless people are dumb and cannot understand any other term. (Which also means, Apple practically owns the term anyways)

      • Joe

        Why are you so mad?

      • anon

        Steve Jobs in his own words in 2009
        “In addition to Google’s own app marketplace, Amazon, Verizon and Vodafone have all announced that they are creating their own app stores for Android. So there will be at least four app stores on Android, which customers must search among to find the app they want and developers will need to work with to distribute their apps and get paid.”

      • anon

        Makes about as much sense as saying not every “gas station” is allowed to be called a gas station. Only your favourite petroleum company my call their outlets “gas stations”

  • Eric

    Is McDonald suing apple for using the word Mac?

    • Igeek1218

      LMAO!!!!!

    • Augusto

      LOL!!

  • Topsy

    What has Mac got to do with McDonald. Alittle bit of clarification pls.

    • Cameron

      Big Mac

      • Taba

        Big Mac ~ MacIntosh. No case here.
        Infact, He wanted to name the computer after his favorite type of apple, the McIntosh,[5] but the name had to be changed for legal reasons as it was too close, phonetically, to that of the McIntosh audio equipment manufacturer. Steve Jobs requested a release of the name so that Apple could use it, but was denied, forcing Apple to eventually buy the rights to use the name. And there you have it. Lol

  • http://ottopress.com Otto

    Apple didn’t invent “Apps” and they didn’t invent the “Store” so I hope the judge slaps the hell out them for being so arrogant.

    • IndiePhoenix

      Precisely!

    • qfast

      thumbs up for you ! :)

  • http://www.poop.com iJack

    Apple haters on an apple based website… Shocker!
    Even if apple loses im sure it will cost google/rim/windows millions of dollars to change the names of the stores
    i also think companies are picking fight with the top dog on purpose as it would cost them more

  • SRUm1sh

    Apple should register “iStore” and make it one unified store for apps, books, music, and magazines.

  • Taba

    Actually Apple does have a chance to win because they’ve been in a similar situation, and did it the legal way. They bought the rights.

  • Rmspwr

    Allowing apple to the individual rights to app store is idiocy if the judge rules in there favor he should ask them to copyright the name Steve. And jobbs hope that’s how u speell his name. It is just like facebooks stupidity wanting exclusive rights to face