A federal judge Wednesday rejected Apple’s immediate bid to stop online retailer Amazon from using the “App Store” name, reports say. The iPad and iPhone maker had failed to prove “a likelihood of confusion” if Amazon continued using the name, a judge ruled.
U.S. District Judge Phyllis Hamilton did not agree with Amazon’s claim that “App Store” was too generic to be protected, setting a trial date for October 2012. Although Apple had no comment on the judge’s decision, the Cupertino, Calif. tech giant has charged Amazon’s use of “App Store” would “confuse and mislead customers.”
Yesterday’s ruling was not a surprise, given Hamilton’s earlier comments that she “probably” would deny Apple’s request to make “App Store” an exclusive term. The lawsuit followed Amazon’s use of “Appstore” for its marketplace of Android applications.
