Apple

Amazon

Apple will need to go to court to prevent Amazon using the ‘App Store’ name after a US judge ruled-out granting the iPhone-maker an instant injunction against the online retail giant using the moniker.

Apple had asked for a preliminary injunction to stop Amazon from using the name, though Amazon has argued that that the term is generic and therefore not protected as a trademark. According to court documents seen by Reuters, US District Judge Phyllis Hamilton did not agree that the term is purely generic, according to an order released last week. However, she wrote that Apple has not established “a likelihood of confusion” with Amazon’s services, which would justify an injunction. Hamilton set a trial date for October 2012.

Apple has argued that consumers have come to identify the term ‘App Store’ with its own retail channel for iOS apps, stating that it has spent heavily promoting it since its launch. In addition to the US actions, a number of filings have also been made to the European regulators complaining about Apple’s trademark claims.

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