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  • Judge rejects Apple bid for injunction against Amazon (Reuters)

    Posted on July 7th, 2011 Tech Nerd No comments

    SAN FRANCISCO (Reuters) – A U.S. judge rejected Apple Inc. 's attempt to quickly stop the online retailer Amazon.com Inc. from using the "App Store" name, according to a court document.

    Apple, maker of best-selling iPhone and iPad tablet, filed a trademark lawsuit says that Amazon has improperly used the Apple App Store name recruit software developers throughout the United States.

    Apple has also asked a federal judge in Oakland, Calif., a request for an injunction to stop Amazon from using the name that Apple says is trademarked. Amazon, however, argued that the concept is generic and therefore not protected.

    U.S. District Judge Phyllis Hamilton did not agree that the term is purely generic, according to an order released on Wednesday. But Apple has not shown "a likelihood of confusion" with Amazon's services to get a ban, says Hamilton.

    Last Wednesday, the above statements, the spokesman Kristin Huguet Apple the company, which said that Apple has not asked Amazon to copy the name of the App Store because it will "confuse and deceive customers."

    A representative of Amazon was not immediately available for comment.

    In a ruling Wednesday, Hamilton set a trial date in October 2012.

    In the case of the U.S. District Court for the Northern District of California against Apple Amazon.com Inc., 11-1327.

    (Reporting by Dan Levine, edited by Carol Bishopric)

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