Apple‘s preliminary injunction request to block Amazon from using the term “App Store” to describe its errr… app store has been denied. Amazon can still call its marketplace for apps “Amazon Appstore for Android” for now at least.
I’ve included the Order Denying Motion of the preliminary Injunction below, but to summarise U.S. District Court for Northern California, Judge Phyllis Hamilton denied the motion on the basis that “Apple has not established that its “App Store” mark is famous, in the sense of being ‘prominent’ and ‘renowned’.” That is a blow to Apple which has spent considerable funds on being the first to offer and app store and advertising it heavily on television and other mediums – but it does follow a common sense approach that the term is almost purely descriptive. Apple will likely now take the issue to trial this autumn, and in the meantime threaten other app stores with more shallow pockets, such as GetJar, with similar lawsuits.
Apple v. Amazon, Order Denying Motion for Preliminary Injunction