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Apple injunction against Amazon Appstore denied

Court papers have revealed that Apple's attempt to slap an injunction on Amazon over the use of the word Appstore has been denied by a Federal judge.

The Order Denying Motion For Preliminary Injunction imposed by the District Court of Northern California shoots down an appeal on behalf of the Mac maker to immediately stop the online book-seller using the brand Amazon Appstore.

Apple maintained that the use of the term would cause confusion among consumers and could dilute its own iTunes App Store and Mac App Store brands.

Amazon maintains that the word 'app' and 'store', and any combination of the two, are too generic to be trademarked.

Apple argued that its App Store mark "enjoys widespread recognition" and said that Amazon is "attempting to create association with Apple's mark".

The Cupertino company also insisted that its reputation could be sullied by Amazon's offering because, unlike Apple, Amazon does not carefully screen app submissions for malicious code, inappropriate content or viruses.

Slinging mud in the opposite direction, Amazon said Apple had done little to prove the 'famousness' of the App Store mark, had not properly registered it, and that there were 'thousands of registered domain names that use the term "app store".'

The court found that Apple had not established a likelihood of success on its dilution claim, said there was no evidence that Amazon intended to create an association between its Android apps and Apple’s apps, and couldn't really see how, if Amazon were to allow crappy apps full of malware to be downloaded from its own service, it could harm Apple's reputation.

So for now the Amazon Appstore rumbles on unabated, until the next round of legal shenanigans, that is.