Apple has been thwarted in its attempt to stop Amazon from using the term ‘app store’ for its smartphone and tablet software download market, ahead of a trademark infringement trial later this year.
Set to come to court in October, Cupertino’s case hinges on its claim that Amazon’s use of the phrase ‘app store’ for its Android application market is likely to confuse customers.
With four months to go until then, however, Apple was seeking an injunction banning Amazon from using the term in the interim.
US district judge Phyllis Hamilton acknowledged that 'app store' was Apple’s coining, but cited her opinion that it is "more descriptive rather than distinctive" for the decision as well the fact a host of companies are using the phrase for their equivalent offerings.
Hamilton’s filing states: "The court does not agree with Amazon that the mark is purely generic, for the reasons argued by Apple, but also does not find that Apple has shown that the mark is suggestive, as there appears to be no need for a leap of imagination to understand what the term means."
Apple, which is currently embroiled in another high-profile legal spat with Samsung, has yet to reveal if it will appeal the ruling.