Bloomberg reports that Apple’s request for the courts to ban Amazon’s use of the App Store term will probably be denied. Amazon uses the term App Store as the header name for their online store that sells and markets applications for Google’s Android platform. Apple sued Amazon in late March of this year over possible confusion over App Stores.
Amazon, in March, responded to Apple’s claims of confusion, saying:
Based on their common meaning, the words ‘app store’ together denote a store for apps, such as the app stores operated by Amazon and Apple.
The judge on the case, Phyllis Hamilton, seems to agree, reporting that Apple is yet to provide sufficient evidence for their claim that users are (or will be confused) over Amazon’s usage of the App Store name; a name that Apple has used since 2008 to market their iOS application store and most recently their Mac App Store.
Apple’s difficulty demonstrating real evidence of actual confusion among consumers is a stumbling block for Apple, Hamilton said in court. 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.
The case’s judge says she will “probably” deny Apple’s request, but Apple still has the opportunity to throw more evidence into the case.
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