Judge says Apple faces 'stumbling block' in trademark case against Amazon
At a hearing in an Oakland federal court on Wednesday, U.S. District Judge Phyllis Hamilton remarked that Apple has a "stumbling block" in proving that customers would confuse Apple's App Store with Amazon's Appstore for Android, Reuters reports.
That obstacle is Apple's inability to produce âreal evidence of actual confusion,â the judge said. âIâm troubled by the showing that youâve made so far, but thatâs where youâre likely not to prevail at this early juncture.â Hamilton has yet to make a final ruling in the case, and plans to reread some of the supporting papers, according to an individual present at the hearing.
In March, Apple sued the online retailer over its use of the App Store trademark. The complaint accused Amazon of "improperly using" the mark for its mobile software developer program and "unlawfully" using it to attract developers to its platform. Apple stated in its filing that it had contacted Amazon three times asking them to cease using the trademark, but had not received a "substantive response."
In spite of the suit, Amazon proceeded with opening its Appstore for Android just days later. The digital download service includes a "Test Drive" feature that allows users to try out an Android application before buying it.
Amazon eventually responded with a filing, claiming the "app store" term is generic and would not cause confusion. Apple has countered the argument with subsequent filings, including one that alleges the Amazon Appstore is "inferior and will tarnish Apple's mark." According to Apple, Amazon's storefront poses a security threat because it offers applications for "rooted" Android devices, which are more vulnerable to security breaches.
Microsoft has even cited Amazon's store in its own objections to the mark. The Windows giant has been the most vocal opponent to the "App Store" trademark, alleging that the term is generic. Apple responded by asserting that if the App Store trademark is generic, so is Microsoft's Windows mark.
58 Comments
Amazon should realise that there are a lot of people who won't buy anything from Amazon every again if they win this suit.
It's all so childish. Just think up an original name for cripes sake. Is it that hard?
The fact that they don't want to think up an original name is pretty much proof of Apple's claim IMO. If they weren't trafficking on the goodwill already established by Apple with the name, then any other name would do just as well. But any other name *wouldn't* do as well, because it doesn't have the same impact as copying Apple's already well-known moniker.
I've always thought of a "stumbling block" as a very specific issue that makes a specific task difficult. The article, however fails to mention anything specific. Did the Judge mention what the stumbling block was or would a more general "up hill climb" been more appropriate?
Microsoft has even cited Amazon's store in its own objections to the mark. The Windows giant has been the most vocal opponent to the "App Store" trademark, alleging that the term is generic. Apple responded by asserting that if the App Store trademark is generic, so is Microsoft's Windows mark.
IKYABWAI? Classic!
I've always thought of a "stumbling block" as a very specific issue that makes a specific task difficult. The article, however fails to mention anything specific. Did the Judge mention what the stumbling block was or would a more general "up hill climb" been more appropriate?
The judge stated she was troubled by Apple's inability to produce evidence that anyone is confused by it; so unless they can produce that evidence she's pretty much told them it's over.
Amazon should realise that there are a lot of people who won't buy anything from Amazon every again if they win this suit.
And you should realize that your statement is hyperbole and that this will not impact Amazon's online retail sales at all, excepting maybe you.