Apple’s ongoing suit against Amazon over its use of the “App Store” term has hit a snag: according to Reuters, a judge has rejected Apple’s requested injunction against Amazon, just as she said she would.
Had the injunction succeeded, Amazon would have been required to stop using “App Store” as a product or service name immediately, before the trademark dispute went to trial. Since the injunction has been rejected, Amazon can continue using the term at least until the trial date in October 2012.
The judge presiding over the proposed injunction does agree with Apple that “App Store” is not a generic term, as both Amazon and Microsoft have asserted. However, Amazon’s use of the term did not meet the required “likelihood of confusion” provision necessary to validate an immediate injunction against its use.
Apple has asserted that Amazon’s use of the term “App Store” will “confuse and mislead customers,” but it looks like it’s going to be a while before we learn whether the courts agree or not.
Apple’s ‘App Store’ injunction against Amazon rejected originally appeared on TUAW – The Unofficial Apple Weblog on Wed, 06 Jul 2011 23:00:00 EST. Please see our terms for use of feeds.
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