ND Cal District Judge denies Apple’s motion for preliminary injunction regarding Amazon’s use of APP STORE FOR ANDROID. The Court denied to hold whether APP STORE is a generic term, but rather held that Apple failed to show a likelihood of confusion (noting that Apple failed to show that APP STORE was a strong mark). In the discussion of the dilution count, the Judge indicated that APP STORE is more ‘descriptive’ than ‘distinctive.’
Decision Apple v Amazon Prelim AppStore(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();