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Apple has not been able to register a trademark App Store in Australia
Apple failed to register its name trademark App Store in Australia. The Supreme Court rejected an appeal by the American corporation to a previous decision of the registration committee.
New trial ended in defeat for Apple. However, in this case it was not an abuse of patent rights. In 2013, the registration authority of Australia rejected Apple’s trademark registration App Store, arguing that his decision by the fact that the phrase «App Store» is descriptive.
Apple has decided to appeal this decision to the Federal Court. December 3 Judge dismissed the appeal producer iPhone, ordered him to pay all court costs. According to the Court, the term «App Store» is not intended to include services provided directly by Apple, and is primarily associated with the description of the shopping channel as such.
By the way, this is not the first case involving Apple attempts to be able to prohibit other companies to use the phrase «App Store». In 2011, the company filed a lawsuit against the world’s largest online store Amazon, demanding compensation for the use of a registered trademark in the US App Store. After two years of litigation the company refused to further development of the lawsuit, thinking that will use this name with Amazon.
Previously, Apple believes that Amazon app store intentionally renamed from the original «Amazon App Store for Android» in «Amazon App Store», thereby attracting developers name already earned popularity of the service Apple. The defendant, in turn, said that the term «App Store» has become a common name for app stores, and its use can lead to false advertising or trademark infringement.
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