Apple’s bid to prevent Amazon using the term Appstore for its applications marketplace is likely to fail, comments from the presiding judge suggest.
District Judge Phyllis Hamilton of the Oakland Federal Court has told the Cupertino based company that she will “probably” deny its attempt to bar use of the term for Amazon’s online store for Android apps.
Hamilton’s rationale is that in the early stages at least, Apple has failed to establish that the similarity of the stores’ names has confused customers in any real sense.
She stated: “I'm troubled by the showing that you've made so far, but that's where you're likely not to prevail at this early juncture.”
Apple filed its suit against the online retail giant back in March, at which point a spokesperson for Apple claimed that the term Appstore would “mislead customers”.
A month later, Amazon filed a countersuit claiming that App Store is understood to be a generic term and calling for Apple’s suit to be scrapped.
Apple and Amazon have yet to comment on developments.
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