Apple Likely to Fail in Amazon “App Store” Case

appsIt has become almost certain that Apple will lose its case against Amazon for using the term App Store.

Apple sued Amazon back in March on the basis of trademark infringement over Amazon’s use of the phrase “AppStore.”  Apple claims the phrase is their exclusive right due to the iTunes App Store.  Amazon had planned to use the term for their marketplace section where Android apps would be sold.

According to Bloomberg, U.S. District Judge Phyllis Hamilton stated after a hearing in California that she will “probably deny Apple’s motion because the company lacks solid evidence for its main argument, which is customer confusion.

Apple argued that customers will be confused by the two app stores, which will cause damage to the Apple brand.

Judge Hamilton isn’t buying into Apple’s claims because the company has so far not produced sufficient evidence backing their argument.  The judge went on to state, “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.”

This is not the only infringement case that Apple is currently involved with.  Apple was recently sued over using the phrase “iCloud.”  The company has also stepped in to try to aid iOS developers who were recently sued by Lodsys over an in-game upgrading system that the company claims is patented.

image via Geek