The legal war between Apple and Amazon over the term “App Store” continues, but a judge has handed the most recent battle to the e-tailer, denying Apple’s request for a preliminary injunction against Amazon’s online Appstore.
Apple is suing Amazon over the store, alleging its name infringes on Apple’s pending “App Store” trademark. The iPhone folks had asked the judge for a preliminary injunction that would force Amazon to stop using the Appstore name while the case is being decided.
Amazon argues that the term is generic and Apple thus has no right to trademark it. While the judge’s ruling against the injunction doesn’t mean she agrees completely with the online mall, she did note that Apple was unable to establish enough of “a likelihood of confusion” between Amazon’s store and the Apple App Store to merit the injunction.
The lawsuit is now scheduled to go to trial in October 2012.