Judge won’t stop Amazon from using ‘Appstore’

By Aemon Malone July 7, 2011

A federal judge has denied Apple’s injunction seeking to immediately stop Amazon from calling its Android app portal the “Amazon Appstore for Android.” Apple, believing it’s legally entitled to the “App Store” trademark, issued several cease and desist letters to Amazon and then followed-up with a lawsuit against the online retailer in March. Amazon filed a countersuit in April, claiming that “app store” is too generic to warrant trademark status.

Pending the outcome of the suit, Apple filed an injunction hoping to temporarily stop Amazon from using “Appstore.” A judge in California today issued an 18-page opinion explaining why the court wouldn’t comply with Apple’s wishes.

“The evidence does show that Apple has spent a great deal of money on advertising and publicity, and has sold/provided/furnished a large number of apps from its AppStore, and the evidence also reflects actual recognition of the ‘App Store’ mark,” said Judge Judge Phyllis Hamilton in her opinion. “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.”

Apple launched its App Store back in 2008. Amazon opened its Appstore for Android in March of this year. Both companies will head into court in October to settle the trademark dispute.

Editors' Recommendations

Topics

Former Digital Trends Contributor

Mobile

What to do when your iPhone won’t charge

iPhone battery feature image.

If your iPhone is not charging as you would expect, there are a number of potential fixes available, from restarting your iPhone to changing your Lightning cable. They're all easy to try, and in the vast majority of cases, they'll get your iPhone juiced back up again.
Check, change, or replace the Lightning cable

Your iPhone charges by receiving electricity through its Lightning cable. If it's not charging, then there may be a problem with this cable. Here are a number of things you can try.

Deals

You won’t believe how cheap this Samsung tablet is today

Samsung Galaxy Tab A7 Lite smartphone.

Right now, you can buy a Samsung Tab A7 Lite tablet for just $130 at Amazon representing a savings of $30. For a budget Android tablet, you'll be delighted with the performance offered here and you'll certainly appreciate the savings at the moment. You'll need to be quick though. Thanks to the chunky discount, the Samsung Tab A7 Lite tablet is flying out and you won't want to miss out just because you waited too long and stock ran out. It's a great way to enjoy more for less.

Mobile

Upcoming Fossil Gen 6 swartwatch won’t run Wear OS 3 until 2022

fossil gen 6 specs leak

Fossil this week unveiled its next-generation smartwatch lineup, called the Fossil Gen 6. While fans were excited for the launch, the company revealed that the much-anticipated Fossil Gen 6 will be launched with Wear OS 2 rather than the new Wear OS 3 seen on the latest Samsung Galaxy Watch 4 Classic and Watch 4. This is a surprising and disappointing revelation about the new hardware.
Users eager for the OS 3 update will have to wait till 2022, when it will be available after a full factory rese is performed, which is something we haven't typically seen required for an OS update. The Gen 6 will also be the first device to have the Qualcomm Snapdragon Wear 4100 Plus Platform, unlike the new Galaxy Watches, which use the Exynos W920 processor. The company says the new chipset will offer a 30% performance boost compared to Gen 5 devices and more efficient power consumption.

A notable addition is the SpO2 sensor, which monitors blood oxygen levels with an “upgraded heart rate sensor to allow continuous tracking and improved signal accuracy.” The Gen 6, like its predecessor (the Fossil Gen 5), offers a microphone and speaker functionality for Android and iOS, so you can take calls and use Google Assistant on the go. The Gen 6 also lets you access the Google Play Store to download Google-based apps like Google Pay. You can also download third-party apps like Spotify, which recently started supporting offline playback for Wear smartwatches. This could be a key feature for runners and music lovers who enjoy working with custom playlists.
Along with the Gen 6’s upgraded features, users can enjoy 8GB of storage and 1GB of RAM with super-optimized battery life (up to 24 hours) for an improved experience that will likely be boosted by the aforementioned Snapdragon Wear 4100+ improvements. It is said to charge twice as fast, “reaching 80% in only a little more than 30 minutes of charging.” The company says this feature is helpful for tracking your sleep, as users can have a fully charged device ready within minutes of waking up after a full night’s use.
The Fossil Gen 6 features a 1.28-inch, AMOLED touchscreen display with 3 ATM water-resistance, making it safe to use when swimming. The Gen 6 comes in two sizes: A 44mm case offering a choice of four colors and a 42mm case offering three colors for added variety and style options. Users also have the option to customize dials and buttons for a more personalized look.
The Gen 6 is priced starting at $299 and $319, which seems to be consistent with Gen 5 and other Wear smartwatch prices. You can pre-order the Gen 6 on Fossil’s official website, and the company says your order will ship around the end of September if you order now.