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Judge: Apple faces stiff challenge to winning Amazon lawsuit

updated 07:10 pm EDT, Wed June 22, 2011

Apple may face battle in Amazon Appstore case

Judge Phyllis Hamilton at a Wednesday court hearing cast doubt on Apple's ability to win its lawsuit against Amazon over the Amazon Appstore name. She believed Apple faced a "stumbling block" in proving its case. The iPhone designer had trouble showing proof users would be confused between the iOS App Store and Amazon's Android store, Judge Hamilton said, although it was still early.

Amazon's defense in the case has depended on its claims "app store" is generic. The early online store operator has argued that the phrase is a simple descriptor and was in use before Apple's App Store came to be. Companies were only avoiding the name to avoid lawsuits, Amazon said, and even Steve Jobs had used the term generically.

In response, Apple has rebuffed Amazon's position and gone so far as to suggest App Store is a take on its own name. It has also used the dearth of other companies using "app store" as proof, although it hasn't had an answer to Amazon's mentions of trying to avoid legal issues.

The court warning came just as Apple was demanding a name change from open-source outfit Amahi. Its accusation indirectly supported Amazon since Amahi was changing its name only because it couldn't afford a defense like Amazon or other majors.




by MacNN Staff

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Comments

  1. Jonathan-Tanya

    Joined: Dec 1969

    -5

    Palm had an App Store

    Palm had an App Store, so did Salesforce

    Apple didn't even invent the term.

    Beyond that, it is a generic term, its obvious that it is, and Apple has no chance here.

    Common sense has not ruled the day at Apple.

  1. wrenchy

    Joined: Dec 1969

    +7

    Stumbling block?


    Should a Judge be spouting off words like that? That's like pronouncing someone guilty before reviewing the evidence.

  1. Tom53092

    Joined: Dec 1969

    -2

    It's all moot

    I'm going to trademark the word "store." Apple and Amazon, get your checkbooks out.

  1. George3

    Joined: Dec 1969

    +5

    So will Amazon sell Apple Apps? Through their App

    I'm confused. Apples sells apps for my Apple products. And my Mac uses applications. Amazon wants to sell Apps too. I can only guess that they will be Apple compatible. Right?

    Comment buried. Show
  1. imNat-imadouche

    Joined: Dec 1969

    -10

    the only people

    stupid enough to confuse the name would be the dumb Apple sheeps who can't see anything outside the box.

    When I think of App Store I think of "APPlication store"

  1. qazwart

    Joined: Dec 1969

    0

    Palm Didn't have a store named "App Store"

    It was called the "Palm Software Store".

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