Menu
Court dismisses Apple 'App Store' trademark appeal

Court dismisses Apple 'App Store' trademark appeal

Apple didn't coin a new word, according to a federal judge

Apple lost an appeal in Australia's Federal Court on Wednesday over its bid for the "App Store" trademark.

The company applied for the trademark in July 2008, but the application was rejected by the country's Registrar of Trade Marks. It was also opposed by Microsoft.

In his ruling, Federal Judge David Yates wrote that when Apple launched its store and applied for the trademark, it did not mean the company had "coined a new word" or gave the word "app" a changed meaning.

"Apple has not established that, because of the extent to which it has used the mark before the filing date, it does distinguish the designated services as being Apple's services," Yates wrote. He dismissed Apple's appeal and ordered it to reimburse costs to the Registrar of Trade Marks.

The term "App Store" is included in a list of service and trademarks on Apple's website. Service marks are used for services, and trademarks are used for products.

In July 2013, Apple dropped a lawsuit against Amazon.com after it used the term "Appstore" for its mobile software developer program and for an online store of Android applications. Apple contended the use of "Appstore" would be confusing for consumers.

Amazon.com maintained it didn't use "Appstore" as a trademark but instead as a description of the service it offered in its store for Android devices.

Send news tips and comments to jeremy_kirk@idg.com. Follow me on Twitter: @jeremy_kirk

Follow Us

Join the New Zealand Reseller News newsletter!

Error: Please check your email address.

Tags Applelegal

Slideshows

Meet the leading HP partners in New Zealand...

Meet the leading HP partners in New Zealand...

HP has recognised its top performing partners in New Zealand at the second annual 2016 HP Partner Awards, held at a glittering bash in Auckland. The HP Partner Awards recognises and celebrates excellence, growth, consistency and engagement of its top partners. This year also saw the addition of several new categories, resulting in 11 companies winning across 11 award categories.

Meet the leading HP partners in New Zealand...
Channel comes together as Ingram Micro Showcase hits Auckland

Channel comes together as Ingram Micro Showcase hits Auckland

Ingram Micro outlined its core focuses for 2017 at Showcase in Auckland, bringing together the channel for a day of engaging keynotes, compelling breakout sessions and new technologies.

Channel comes together as Ingram Micro Showcase hits Auckland
Show Comments