Thursday, July 7, 2011

APPLE'S BID TO KEEP AMAZON FROM USING 'APP STORE' DENIED



A U.S. judge denied Apple Inc's attempt to quickly stop online retailer Amazon.com Inc from using the "App Store" name, according to a court document.

Apple, the maker of best-selling iPhones and iPad tablets, filed a trademark lawsuit saying that Amazon has improperly used Apple's App Store name to solicit software developers throughout the United States.

Apple also asked a federal judge in Oakland, Calif. for a preliminary injunction to stop Amazon from using the name, which Apple says is trademark protected. However, Amazon argued that the term is generic and therefore not protectable.

U.S. District Judge Phyllis Hamilton did not agree that the term is purely generic, according to an order released on Wednesday. However Apple has not established "a likelihood of confusion" with Amazon's services to get an injunction, Hamilton wrote. [Reuters]

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