Apple Can't Stop Amazon “Appstore”

Amazon will probably continue to use the name Appstore for the foreseeable future, much to Apple's dismay, reports said Thursday.

Apple had been trying to prevent Amazon in federal court from using the name, citing trademark infringement and that the name is too close to its own App Store and will cause confusion among its customers, according to Bloomberg Businessweek. U.S. District Judge Phyllis Hamilton said Wednesday after a hearing in Oakland, that she is “probably” going to deny the motion because Apple hasn’t proven customer confusion. She said she will make an official ruling after reviewing all the evidence.

Apple started the trademark infringement case in March and asked for a preliminary court order to bar Amazon's usage of the name.

We think the trademark infringement case is silly, because Apple consistently uses iTunes and App Store almost interchangeably. Secondly, we also agree with Microsoft legal counsel Russell Pangborn's assessment:  "Like 'shoe store' or 'toy store', it is a generic term that is commonly used by companies, governments and individuals that offer apps. . . . The term 'app store' should continue to be available for use by all without fear of reprisal by Apple."

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