Apple denied preliminary injunction against Amazon’s ‘Appstore’
A federal judge has denied Apple’s motion for a preliminary injunction against Amazon, one that would prevent Amazon from using the term “app store” for its Amazon Appstore for Android. The judge’s order suggests that Apple may still have a slight chance to prove trademark infringement at trial, but it will face a serious burden of proof to do so.
Apple originally filed for a trademark on the term “App Store” in 2008. That application was originally rejected, but was later approved in early 2010 on appeal. Microsoft filed an objection in July 2010 on the grounds that the term was too generic, and it later asked the Trademark Trial and Appeal Board to issue a summary judgment denying Apple’s trademark application.
Meanwhile, Amazon had announced that it planned to launch its own competitor to Google’s Android Market, calling the new service the “Appstore for Android.” Apple promptly filed a lawsuit against Amazon claiming trademark infringement, dilution, and tarnishing.