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Apple denied injunction to stop Amazon’s use of ‘appstore’ name; trial date set

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Apple has been denied a preliminary injunction that would have halted Amazon.com’s use of the term ‘appstore’ in a ruling by an Oakland federal judge.

U.S. District Judge Phyllis Hamilton ruled Wednesday that she didn’t agree with Amazon’s argument that the names ‘app store’ and ‘appstore’ are generic and can be used by anybody, but she said Apple had failed to show ‘a likelihood of confusion’ for customers who use the Apple App Store and the Amazon Appstore for Android, according to a Reuters report.

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Hamilton has set a trial date in the dispute between the two companies for October 2012, Reuters said.

Amazon launched Appstore for Android on March 22, one day after Apple filed its suit against the online retail giant alleging trademark infringement over the name of the storefront, which sells apps for Google’s Android operating system found on smartphones and tablets.

Apple’s App Store, of course, sells apps only for iOS, which runs on the iPad, iPhone and iPod touch devices. Apple also mas a Mac App Store which sells software for its computers running its Mac OS X operating system.

Officials at Amazon and Apple were unavailable for comment Thursday morning.

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Apple probably won’t win legal battle to stop Amazon’s use of the term ‘appstore,’ judge says

-- Nathan Olivarez-Giles

Twitter.com/nateog

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