Likelihood of Confusion in Trademark Case

In July 2011, the United States District for the Northern District of California denied Apple, Inc.’s motion for a preliminary injunction against Apple filed the action to stop from using the App Store mark to sell applications for Android mobile devices. The court held that the Apple did not show that its App Store mark is “famous” and clearly associated with Apple to buy software applications. The court also stated that Apple did not present sufficient evidence to show that Apple consumers would be confused into buying Amazon applications for Apple mobile devices.


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