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Amazon's 'Appstore' Marketing Doesn't Imitate Apple, Judge Rules By Adam Dickter January 2, 2013 1:44PM     Judge Phyllis Hamilton granted Amazon's motion to toss Apple's claim that Appstore for Android was a false description, saying she found "no support for the proposition that Amazon has expressly or impliedly communicated that its Appstore for Android possesses the characteristics and qualities that the public has come to expect from the Apple APP Store."   Related Topics Apple App Store Amazon Patent Wars Latest News Google Glass Raises Privacy Concerns Pentagon Gives iOS 6 Security OK Should Enterprises Skip Windows 8? Financial Times Latest Hacking Target IDC: Windows Phone Now in 3rd Place Chill out, Apple. Yours is not the only app store. That's the preliminary message an Oakland judge sent to the Cupertino, Calif.-based computer giant by tossing out a claim -- one of several in a lawsuit -- that online retail king Amazon is deceiving the public by using the term. It's the latest development in Apple vs. The World, as the company tries to litigate away the competition with a range of lawsuits. Apple has been trying to keep the name App Store exclusive since July 17, 2008, when it filed an application to register "App Store" with the U.S. Patent and Trademark Office. Among those objecting were Microsoft , which argued that the term is too generic. Difficult Claim Then Amazon in September 2010 started soliciting developers for its "Appstore Developer Program." The company now calls its marketplace "Amazon Appstore for Android." Apple, noting that Amazon offered Android versions of many of the same app titles available for download for its iOS devices, asked the company to stop using that name, and after no substantial response, sued, according to court papers. Apple accused Amazon of deception, namely false designation of origin and false description as well as dilution and unfair competition. The U.S. District Court in Northern California denied Apple's request for a preliminary injunction against Amazon's use of the term in July 2011. The latest ruling applies only to the claim of false description, but could signal that Apple will have difficulty arguing that a store that sells apps can't legally be called an app store. The judge in the case, Phyllis Hamilton, granted Amazon's motion to toss this particular claim, saying Wednesday in an order that she found "no support for the proposition that Amazon has expressly or impliedly communicated that its Appstore for Android possesses the characteristics and qualities that the public has come to expect from the Apple APP Store and/or Apple products," according to Bloomberg News. Apple's highest profile legal battle is with Samsung Electronics over patents for smartphones and tablets. It has also locked horns recently with HTC, eMachines, PsyStar computers and filed countersuits against Motorola, Nokia and others. The highest profile lawsuit was against software giant Microsoft and computer maker Hewlett-Packard , claiming they ripped off aspects of Apple's graphic user interface. That case stretched from 1988 to 1997. Apples to Apples Apple has even sued New York City (known as the Big Apple) and the Victoria School of Business in Canada for using logos too similar to the distinctive, fruity emblem that adorns its products. When it comes to the App Store, it's easy to see why the company is territorial: With more than a million offerings, it's a key driver of the iOS platform, popularized by the commercial phrase "There's an app for that." "Apple's mammoth and high quality App Store is certainly a key differentiator to sell to and lock-in the existing as well as prospective iOS users," said Neil Shah, a wireless -tech expert at Strategy Analytics. "Apple revolutionized the native touch-friendly mobile applications ecosystem by branding and popularizing its ecosystem as 'App Store.' Apple's contention over its coined App Store term is thus fairly emotional and basically a fight to protect the attached mind share."   Tell Us What You Think Comment: Name: Also Visit: iPad Info Center Billions of Bytes Mobile Device Now Apple Info Center TopTechWire.com CommVault is a data and information management software company dedicated to providing organizations worldwide with a radically better way to manage data and information. Their unique Solving Forward® philosophy allows them to deliver complete solutions with infinite scalability and unprecedented control over data and costs. Be among the first to experience Simpana® 10 software.. Click here now.  Apple/Mac 1.   IDC: Windows Phone Now in 3rd Place 2.   Bill Gates Discusses Steve Jobs 3.   U.S. Cellular Embraces the iPhone 4.   Google Now Is a Siri Supplement 5.   Apple Floats a Record Bond Sale IDC: Windows Phone Now in 3rd Place BlackBerry OS quarterly share declines. Average Rating: Bill Gates Discusses Steve Jobs The late Jobs is praised in interview. Average Rating: Google Now Is a Siri Supplement As it expands to iPads and iPhones. Average Rating:

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Enterprise Hardware Spotlight

Cisco Surges After Profit Exceeds Analysts' Estimates Networking equipment giant Cisco's net income jumped 14 percent in the latest quarter as revenue at all four of its divisions rose for the first time in a year and a half, as tech spending increases.   HP and SAP Team To Advance HANA Database Technology The two tech leaders are working on a system that SAP says could fundamentally change the database market. HANA is SAP's technology that keeps data in-memory, for super fast processing.   Square Stand Turns iPad into Digital Cash Register Mobile-payments start-up Square has designs on reinventing the cash register with the Square Stand, which transforms an iPad tablet into a digital point-of-sale system to replace cash registers.

Mobile Enterprise Spotlight

Google Glass Raises Congressional Privacy Concerns The buzz around Google Glass continues, but it's not all good. Some in Congress have questions. "We are curious whether this new technology could infringe on the privacy of average Americans," their letter to Google says.   Windows Phone Now No. 3 in Market, BlackBerry No. 4 Has Microsoft Phone moved into a coveted though distant third place for smartphone platforms behind Google's Android and Apple's iOS? A new report says yes, while BlackBerry has slipped to No. 4.   Intel Going Mobile with Its New CEO In his first speech as Intel's CEO, Brian Krzanich said he plans to focus on beefing up Intel's presence in mobility. The next step: a world tour showing mobile devices based on Intel chips, from PCs to phones and tablets.

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HP and SAP Team To Advance HANA Database Technology The two tech leaders are working on a system that SAP says could fundamentally change the database market. HANA is SAP's technology that keeps data in-memory, for super fast processing.   Cloud Computing Gains Another Competitor with Google Amazon Web Services and Microsoft Azure now have a full-on rival in Google, with its I/O announcement that it is opening its hosted Compute Engine environment for virtual machines to all comers.   Hackers' New Tool of Choice: Smartphones Smartphones are increasingly popular not only with consumers, but with thieves who see the devices as another way to tap into bank accounts and other sensitive information, experts say.

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