Judge Skeptical of Apple's 'Appstore' Trademark Claims

194052 amazonappstore
A federal judge has hinted she will deny a motion from Apple asking the court to prevent Amazon.com from using the term "Appstore" for its Android app marketplace while a lawsuit over Amazon's use of the term continues. Apple initially sued Amazon this past March.

Bloomberg quoted U.S. District Judge Phyllis Hamilton saying Apple had not demonstrated "real evidence of actual confusion" among customers trying to differentiate between Apple and Amazon's stores, and this was a "stumbling block for Apple." The judge continued, saying she was "troubled by the showing that you've made so far, but that's where you're likely not to prevail at this early juncture."

There was no indication from the judge how quickly she intends to rule on the matter.

Popular Stories

iOS 18

iOS 18.4 Will Include These New Features for Your iPhone

Wednesday February 5, 2025 7:15 am PST by
iOS 18.3 was released last month, so the first iOS 18.4 beta should be coming soon. iOS 18.4 is expected to be a more substantial update for the iPhone, with several new features and changes related to Apple Intelligence and beyond. Apple's website suggests that iOS 18.4 will be released in April, following beta testing. Below, we outline what to expect from the update so far. Apple...
iCloud General Feature Redux

iPhone Users Who Pay for iCloud Storage Receive an All-New Perk

Thursday February 6, 2025 11:21 am PST by
If you pay for iCloud storage on your iPhone, Apple has a new perk for you, at no additional cost. iCloud+ is the official name for Apple's paid iCloud storage plans, which range from 50GB for $0.99 per month to 12TB for $59.99 per month in the United States. iCloud+ plans already come with multiple perks for free, such as Hide My Email and HomeKit Secure Video, and now there is another one...
maxresdefault

An Apple TV Refresh is Coming in 2025 - Here's What You Should Know

Wednesday February 5, 2025 10:17 am PST by
Apple hasn't refreshed the Apple TV since 2022, but rumors suggest that we're finally going to get an update in 2025. We don't have a full picture of what to expect yet, but we have some hints on what's coming. Subscribe to the MacRumors YouTube channel for more videos. Updated A-Series Chip The current Apple TV 4K uses the A15 Bionic chip that was in the iPhone 13 lineup, and it's time for...
iPhone SE 4 Single Camera Thumb

iPhone SE 4 Launching as Soon as Next Week

Thursday February 6, 2025 3:30 pm PST by
Apple's next-generation iPhone SE could debut as soon as next week with a launch to follow later in February, reports Bloomberg's Mark Gurman. Apple isn't expected to hold an event for the iPhone SE 4, and will instead unveil the device through a press release. The iPhone SE 4 is expected to have an iPhone 14-style design, with Apple eliminating the thick bezels and Touch ID Home button of...
iOS 18

iOS 18.3.1 Update Coming Soon for iPhones

Thursday February 6, 2025 7:31 am PST by
Apple is internally testing iOS 18.3.1 for iPhones, according to our website's analytics logs, which have been a consistently reliable indicator of upcoming iOS versions. The software update should be released within the next few weeks. iOS 18.3.1 should be a minor update that addresses software bugs and/or security vulnerabilities. Apple Intelligence notification summaries for news and...
iCloud General Feature Redux

Apple Ordered by UK to Create Global iCloud Encryption Backdoor

Friday February 7, 2025 2:37 am PST by
The British government has secretly demanded that Apple give it blanket access to all encrypted user content uploaded to the cloud, reports The Washington Post. The undisclosed order is said to have been issued last month, and requires that Apple creates a back door that allows UK security officials unencumbered access to encrypted user data worldwide – an unprecedented demand not before...
disney

Disney+ Loses 700,000 Subscribers Following Price Increase

Wednesday February 5, 2025 3:34 pm PST by
Disney+ lost 700,000 subscribers worldwide in recent months, according to Disney's earnings results for the first quarter of 2025. Disney said it now has 124.6 million Disney+ subscribers, a decrease of 0.7 million compared to its subscriber numbers in the fourth quarter of 2024. The drop in subscribers comes after Disney+ prices increased in the fall. Disney+ with Ads went from $7.99 to...
apple wallet drivers license feature iPhone 15 pro

iPhone Driver's Licenses to Expand to These 7 U.S. States

Wednesday February 5, 2025 6:27 am PST by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Below, we outline which U.S. states and territories offer the feature, and additional states that have committed to rolling it out in...

Top Rated Comments

neiltc13 Avatar
178 months ago
i dont know, there was another company that managed to trademark "windows" and "office"
And again, people just don't get it.

App Store sells apps. It is a store for applications, therefore it is a generic term. Just like hardware store couldn't be trademarked by a company that sold hardware.

If "Windows" was the name of a business selling windows (like you put into houses) then that too would be generic. There is (and was) nothing generic about calling a piece of computer software "Windows".

Likewise, Apple owns a trademark on the words "Mac" and "Macintosh" despite these being a common terms used for a raincoat. But because Apple isn't selling raincoats, the trademark is valid.

"Office" is a trademark owned by Microsoft which it applies to a suite of software. The software itself is not an office, therefore the trademark stands.
Score: 19 Votes (Like | Disagree)
Andy-V Avatar
178 months ago
This is absolutely worth fighting for. App Store should rightly belong to Apple in the context they use it. It's as valuable to them as the generic term Windows is to Microsoft. So I'm outraged by this news.
Not this again.

Microsoft calls their OS 'Windows'. 'Windows' is in no way a generic term for an operating system. Yes, within multiple OS's there are 'windows', but MS has no trademark on that. They are still called 'windows' in Mac OS.

This is generic in the sense that it seems a bit like trying to trademark 'Laptop store' or something. App is a shortening of 'application'. Maybe Apple were the first to shorten it like that, but it's become too widely used for them to TM it now.
Score: 15 Votes (Like | Disagree)
LucasG Avatar
178 months ago
Sounds fair, I think. When I hear App Store it could be any online app store. When I here iTunes Store I think of Apple's App Store.
Score: 15 Votes (Like | Disagree)
dethmaShine Avatar
178 months ago
Yup!

I think Apple should give it up on that. Too generic man! :|
Score: 13 Votes (Like | Disagree)
HiRez Avatar
178 months ago
Ouch, that's like being taken to the woodshed for lawyers I guess. I agree, just give it up. Some things are worth fighting for, this isn't one of them.
Score: 11 Votes (Like | Disagree)
FSMBP Avatar
178 months ago
While it is true "Appstore" is generic, but then again who's to blame apple for trying? Hell just look at what Microsoft was able to get away with.

"WINDOWS" lol.

As if that's not generic at all.

Clearly, you didn't read the 1st page of comments. I don't think you understand that "windows" is not a generic term in naming Operating Systems.
Score: 10 Votes (Like | Disagree)