A U.S. judge has shot down Apple’s request that Amazon stop using the word “Appstore” to describe its mobile application marketplace. Apple originally filed a lawsuit against Amazon in March of this year arguing that Amazon’s “Appstore” infringed on Apple’s “App Store” trademark. Amazon immediately responded calling the claims “baseless,” and now the court has taken its side. “The evidence does show that Apple has spent a great deal of money on advertising and publicity, and has sold/provided/furnished a large number of apps from its App Store,” Judge Phyllis Hamilton, said. “However, there is also evidence that the term ‘app store’ is used by other companies as a descriptive term for a place to obtain software applications for mobile devices.” Hamilton argued that Apple’s use of the phrase “App Store” was “more descriptive than distinctive.” Microsoft and Apple are also fighting over the term — and Microsoft has said that the term “App Store” is “generic for retail store services featuring apps.” Apple’s case against Amazon is currently being heard by an appeals board. More →
Following up on a story we broke last week: it looks like Rogers Wireless has reverted back to a 24-month term for their customer hardware upgrade program. The program — which previously allowed customers to upgrade handsets, with full subsidies, after fulfilling 24-months of a 36-month contract — was adjusted last week, requiring customers to fulfill a 30-month term before getting the discounted pricing. Now, according to a second company communication, it looks like Rogers will be reinstating the 24-month hardware upgrade term. A memo to employees reads:
Last week, we communicated some changes about our Hardware Upgrade Policy (HUP) eligibility. To ensure our current promotions are clear and consistent, Data to Data HUP eligibility will be revised to 24-months as of October 28. This current promotion aligns Voice to Voice, Voice to Data and Data to Data eligibility all to 24-months.
Important Note about Hardware Upgrades:
To remain competitive and increase customer loyalty, we regularly offer customers promotional options to upgrade their hardware before the expiry of their current commitments. However, it is important to remember that our HUP program is a promotion and not a plan feature. These promotions are subject to change and as a result, should not be promised to customers at the point of sale.
Back to business as usual in Canada. Anyone feeling relieved?
You think signing a 2-year cellular contract is bad? Think about our poor brethren up north! Canadian carriers frequently require a 3-year contract in order for customers to obtain the most aggressive handset discounts; which means you are stuck with your phone of choice for an entire 36-months. Pretty rough. According to a memo obtained by BGR, the company will allow its customers to upgrade to a new device after only 30 months of service when inking a new 3-year deal — previously, the carrier allowed such an upgrade after only 24-months. What do you think Canadian friends? Sound-off.