Judge agrees “App Store” isn’t entirely generic, still denies Apple’s injunction against Amazon

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apple-v-amazonA U.S. judge has denied Apple’s preliminary injunction, which would have immediately stopped online retailer Amazon from using the term “App Store” even before the case goes to trial, reports Reuters.

Apple claims it owns a trademark on “App Store”, which is the name of the company’s application market place launched in 2008. Apple first took legal action in March after Amazon announced it was launching an app store of its own called the  “Amazon Appstore for Android.” Apple then filed a motion claiming that Amazon’s store would cause customer confusion.

Amazon argued that the term is generic, which U.S. District Judge Phyllis Hamilton did not agree with, according to an order released on Wednesday. Yet, because Apple has not established “a likelihood of confusion” with Amazon’s services, Hamilton denied the injunction.

Previously, Hamilton hinted that Apple would “probably” lose its motion against the online retailer. A trial date is set for October 2012 to determine a final verdict on Apple’s motion, according to court documents.

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