Amazon Gets to Keep AppStore Name

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Amazon has scored a win in its most recent legal dispute with Apple, which is for the “AppStore” term. A judge has ruled against Apple’s petition for preliminary injunction, which would have stopped Amazon from using the brand.

Recall that Apple filed for a preliminary injunction against the Amazon AppStore, citing that they own the name. While the trademark is still pending USPTO approval, Apple says they were first to use the name, and other companies are confusing customers by also using “app store.” Meanwhile, Amazon says the term is generic, and even Apple calls other application marketplaces as “app stores.”

US District Court Judge Phyllis Hamilton has made a decision on the case, and ruled in favor of Amazon. This ruling is based on evidence that Apple is not the only company to have used the term, in particular that “ the term ‘app store’ is used by other companies as a descriptive term for a place to obtain software applications for mobile devices.”

Apple’s application to trademark “App Store” is still pending USPTO approval, and we’re not sure whether the district court ruling will have bearing on that application. If Apple does get to secure the trademark, then we can expect them to pursue exclusivity anew, but with better chances of the law being on their side.