Apple lost its first court fight with Amazon.com over the Amazon's Appstore trademark case. A federal judge has denied Apple's request to immediately stop Amazon from using the term "Appstore" to describe its digital downloads storefront.
In Wednesday's ruling, Judge Phyllis Hamilton at the .S. District Court for Northern California, denied Apple's request for a preliminary injunction preventing Amazon's use of the term, which Apple claims it has trademark rights to. As expected, Hamilton ruled that Apple had not established the likelihood of confusion between the competing brands, but she also said she did not agree with Amazon's contention that the mark is purely generic:
The court finds that Apple has not established a likelihood of success on its dilution claim. First, Apple has not established that its "App Store" mark is famous, in the sense of being "prominent" and "renowned." The evidence does show that Apple has spent a great deal of money on advertising and publicity, and has sold/provided/furnished a large number of apps from its AppStore, and the evidence also reflects actual recognition of the "App Store" mark. However, there is also evidence that the term "app store" is used by other companies as a descriptive term for a place to obtain software applications for mobile devices.
Here's the full Apple v. Amazon, Order Denying Motion for Preliminary Injunction: