Judge: Apple's Bid to Bar Amazon ‘Appstore’ Will ‘Likely’ Be Denied

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It looks like more bad news for Apple in its attempt to claim ownership of the term "app store."

U.S. District Judge Phyllis Hamilton said today after a hearing in Oakland, California, that she is "probably" going to deny the motion because Apple hasn't demonstrated confusion among consumers. Hamilton said she will review court filings before issuing a final decision. Apple's difficulty demonstrating "real evidence of actual confusion" among consumers is a "stumbling block for Apple," Hamilton said in court. "I'm troubled by the showing that you've made so far, but that's where you're likely not to prevail at this early juncture."
 
Apple is dumb. Without knowing anything about the case they are trying to say the term "app store" stands for "apple store" I'm guessing? I'm guessing the defense is "app store" could stand for "application store". Maybe Apple should have made it "apple store" and stop bitching, I could understand if someone was using "apple store", but "app store" can be anything, screw Apple. :p
 
"App Store" is a generic term. Nobody should be allowed to own it. For all of the names Apple has stolen from others, like iPhone (Cisco), iPad (Fujitsu), iCloud (iCloud Communications), etc. they shouldn't be complaining about anything.
 
They are not complaining, its just how business is done nowadays. What you cant invent and patent, you steal. What you can't steal, you litigate into oblivion.
 
I wonder what takes up more of Apple's resources, computer building or lawers? Seems like the only thing Apple does anymore is sue people.
 
I wonder what takes up more of Apple's resources, computer building or lawers? Seems like the only thing Apple does anymore is sue people.

A building chock full of lawyers, now there's a juicy target... :cool: Bet that building has a sooper-dooper ventilation system -- all that bull being spewed out ya know.
 
It's not Apple's fault... The applied for the trade mark of "App Store" and it was approved. They are just trying to defend what was given.

Its the idiots at the trademark office that gave it to them in the first place that should get smacked.
 
It's not Apple's fault... The applied for the trade mark of "App Store" and it was approved. They are just trying to defend what was given.

Its the idiots at the trademark office that gave it to them in the first place that should get smacked.

Exactly. If you hate the way patent law works, write your congressperson. You can't really fault a company for protecting it's assets.
 
Apple's lawyer team is going down in flames.
They need to put Johny Cochren on staff stat.
 
Exactly. If you hate the way patent law works, write your congressperson. You can't really fault a company for protecting it's assets.

It's true that trademarks/patents these days are often rubberstamped for approval, and their validity is determined later if challenged in court, rather than at the application stage. That doesn't excuse abuse of the system to shut down competition. Without knowing the details of the trademark and the relevant law, it certainly looks like Apple's intent is to shut out competition from Amazon rather than to protect its own app store, which doesn't seem to be threatened here (example: you can't buy apps for a non-jailbroken iPhone on anything but Apple's app store).

I'm not anti-Apple - I use an iPhone - but I hope I'm not alone in taking special pleasure if/when they get their asses handed to them in court :D
 
"App Store" is a generic term. Nobody should be allowed to own it. For all of the names Apple has stolen from others, like iPhone (Cisco), iPad (Fujitsu), iCloud (iCloud Communications), etc. they shouldn't be complaining about anything.

Or even Apple (Apple Corp, lawsuit settled under the terms that they would not enter the music business and would keep the name "Apple Computers") and Apple (Apple Corp again, when they entered the music business and shortened their name to "Apple, Inc")...

Face it, Apple never gave a fuck about being any better than the worst companies out there.
 
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