Judge: Apple likely to lose app store brand battle

Apple looks likely to lose its case against Amazon over the retailer’s use of the term “Appstore” for its Android store.

Apple claims its own “App Store” would be damaged if Amazon continued to use the name. The battle centres on whether an “app store” is a generic term for a shop, in the same way people use “Hoover” for “vacuum cleaner”, and whether Apple can protect the term.

A US Federal Court judge said that she would probably side with Amazon unless the iPhone and iPad maker could prove that users would be confused.

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

According to US District Judge Phyllis Hamilton, she had so far seen no “real evidence of actual confusion” among consumers which would prove a “stumbling block for Apple.”

“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,” Hamilton told Apple in court, according to Bloomberg.

Apple claims it has spent hundreds of millions of dollars advertising its App Store since its 2008 launch and would suffer irreparable damage by being confused with Amazon’s Appstore.

Amazon is seeking to have the case dismissed because it believes the term “app store” is generic, so Apple should not have ownership rights on the term.

Amazon also claims that the fact its own Appstore for Android and Apple’s App Store sold to different markets meant customers would not be confused.

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