Apple didn’t immediately comment Thursday, one day after U.S. District...
Apple didn’t immediately comment Thursday, one day after U.S. District Court Judge Phyllis Hamilton in Oakland, Calif., ruled against the company’s motion for a preliminary injunction to stop Amazon from using the term “Appstore” for its online Android device application…
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download store. Apple “has not established the likelihood of success” with the infringement claims made against Amazon in the suit that Apple filed in March (WID March 23 p9), Hamilton said. While she didn’t agree with Amazon that Apple’s “App Store” trademark was “purely generic,” Hamilton said she didn’t find that Apple had shown that the trademark in question was “suggestive, as there appears to be no need for a leap of imagination to understand what the term means.” She also said Apple didn’t establish “a likelihood of confusion” from Amazon using the term Appstore. She said Apple speculated that Amazon’s Appstore “will allow inappropriate content, viruses, or malware to enter the market,” but it wasn’t “clear how that will harm Apple’s reputation,” as Apple claimed, because Amazon doesn’t offer applications at its online store for Apple devices. Apple said Thursday that more than 15 billion apps had been downloaded from its App Store to date by more than 200 million iPhone, iPad and iPod touch users globally. The App Store now offers more than 425,000 apps and developers have created more than 100,000 “native” iPad apps, it said. Apple has paid developers more than $2.5 billion to date, it said.