On with even more litigation (seems to be the season) and and update on a March filing by Apple to stop Amazon using the term Appstore, is likely to fall flat on it’s face.
Apple versus Amazon app store claim – Rejected by District judge
U.S. District Judge Phyllis Hamilton has stated yesterday that she is probably going to deny the motion on the grounds that Apple has failed to show how consumers would be confused by the term Appstore.
I personally could not agree more, and like many, find it patronising that people could potentially get confused, by a generic term for something that means application, though this is a term Apple have used over the term “software” for many years, it is not uniquely their own word.
Irreparably Damaged?…..My Apps!
Apple had claimed that they would be irreparably damaged as consumers of Amazons app store will be confused and this would inherently lead to a loss of revenue.
Apple legal team idiotic:
The case for litigation against Amazon does seem like a total punt really as it is wholly possible to state that Amazon will introduce apps to a new audience and could potentially lose their own revenue to Apples own app store.
And Apples arrogance on the basis that we can use a “Smart” Phone but are all way too stupid to know there is an Amazon app market and also an Apple app market for each device is very patronising….surely this would work both ways mitigating any loss!
Comparing the term “App Store” to a Michigan based company who use “honeybaked ham” as a form of trademark, (I am lost at how this works) the likelihood is that Amazon will be allowed to carry on as you would expect using their own slight variation of the term App Store.
I do feel that Apple may have some kind of case if Amazons app store ends up with poorly qualified apps such as from the Google Android marketplace, but in law there seems very little you can do about a term that is similar to using toy store, pet store, or clothing store….as part of your personal brand….the word “app” can not solely be Apples surely!
Do you find it confusing that two companies are now using the same term?Editorial Staff