In the month of March 2011, Apple made a move to take out Amazon’s “Appstore” because the name too closely resembled their own “App Store”. This case has been dismissed this week. U.S. District Judge Phyllis Hamilton in Oakland, California spoke up this week in favor of Amazon’s request to end the case (or toss it, if you prefer), in favor of the idea that Amazon’s offering showed no realistically similar overall appearance when compared to Apple’s store full of apps. Basically this means that Amazon will have to pay no penalty and that their name “Amazon Appstore” may remain for the duration.
The claim being tossed here means also that Apple will have a hard time claiming that the name that they’ve legally created for themselves with the App Store will not be found infringed upon by anyone else using the name “Appstore”. Whether or not Amazon will go after any group using the name Appstore is another story entirely. U.S. District Judge Phyllis Hamilton spoke up with the following statement:
“[I find] no support for the proposition that Amazon has expressly or impliedly communicated that its Appstore for Android possesses the characteristics and qualities that the public has come to expect from the Apple APP Store and/or Apple products.” – Hamilton
Soon after the initial legal suit was filed back in March of 2011, Apple sought out an injunction against Amazon’s Appstore offering, losing that injunction in the end. A successful injunction against Amazon in this case would have meant that the Amazon Appstore would have been legally obligated to shut down until the court case was over. It would appear that the judge made the decision both in the first place and here at the end of the trial that Amazon’s store does not and will not affect the Apple App Store the way Apple’s legal representation said it would.
Let us know what you think of the situation, and if you personally have ever mistaken the Amazon Appstore for the Apple App Store in the past. Make with the comments and let us know how you’re feeling about the result of this case!