Apple fails in attempt to stop Amazon from using 'Appstore'

Apple's attempt to block Amazon from using the term 'Appstore' has been denied. Apple wanted to stop Amazon from using the term, saying it would confuse customers.

A California court has denied Apple's request for a preliminary injunction against Amazon.com, which would have stopped the online retailer from using the term 'Appstore'.

Apple was of the mind that Amazon's Appstore -- which sells Android apps -- was likely to " confuse and mislead customers ". It asked the courts to lay the smack down on Amazon back in March.

But a federal judge wasn't convinced. "First, Apple has not established that its 'App Store' mark is famous, in the sense of being 'prominent' and 'renowned'.

"However, there is also evidence that the term 'app store' is used by other companies as a descriptive term for a place to obtain software applications for mobile devices."

We reckon the first request was a bit rich. Apple's App Store might be the most popular app portal around, but the idea that no other company could give a 'store' where you could buy 'apps' the same label is a little ludicrous. Amazon countersued Apple in April, saying that the term 'app store' is too generic.

Apple responded to that lawsuit by counter-countersuing (keeping up?), denying that 'app store' is generic, and "on that basis, denies that the Amazon Appstore for Android service is an 'app store'".

Meow! Apple's lawyers have clearly been taking their vitamins -- the Cupertino tech giant is also working on blocking the sale of the Samsung Galaxy Tab 10.1 tablet in the US .

Is Apple being altogether too litigious? Or should they own the term 'app store'? Set us straight in the comments, or let fly on our Facebook wall.

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