Apple had commanded the Judge to re-enforce its religious rights to the word “app store” – which it claims was handed to humanity by Steve Jobs within its walled garden of delights.
It had called on the US justice system to smite Amazon for leading Jobs’ chosen people astray.
He feared that people might visit Amazon’s app store expecting to find products blessed by Steve and there only find a darkly splendid void of Android apps.
Amazon claimed that the phrase app store was purely generic and everyone in the software industry knew that it had nothing to do with the Apple faith, and thus the term had no legal protection.
But Jobs’ Mob ordered the federal judge to issue a preliminary injunction to stop Amazon from using the name, which Apple says is trademark protected.
While U.S. District Judge Phyllis Hamilton did not agree that the term was purely generic she did not believe that Apple had proven its followers or developers were that stupid to confuse Amazon’s services with Apple’s Walled Garden of Delights.
It is a shame really. All Apple had to do was show them the attached documentary and it could have proven its fans could be confused, finding their way to the gents without instructions from Steve Jobs about what they had to do.
Still, this means that the Amazon app row will now be on hold until next year. Hamilton set a trial date for October 2012.