Apple likely to lose bid in Amazon ‘Appstore’ case

   on June 23 2011 3:29 AM
The Apple logo is seen through raindrops on a window outside of the New York City flagship Apple store
Apple's new Thunderbolt connection is priced at $49 Reuters

Apple Inc. will probably be denied the motion to stop rival company Amazon from using the Appstore name in its upcoming Android application store called the Amazon Appstore.

On March 18, Apple filed a complaint against California-based Amazon, charging the accusing the company of infringing its trademark usage of the term App Store. In response to this, Microsoft filed a counter-motion opposing the trademark application, stating that the term was too generic.

Last month, Apple fired back stating that the company denies that the mark App Store is generic and, on that basis, denies that the Amazon Appstore for Android service is an 'app store. The Cupertino giant has always maintained that Amazon has unlawfully used its trademark to confuse customers.

US District judge Phyllis Hamilton, who is presiding over the case, has yet to go through a few court reviews before taking a final decision.

Bloomberg Businessweek reported that Hamilton will probably deny the motion because Apple hasn't demonstrated evidence for confusion among consumers. The publication further quoted Hamilton stating in court that Apple's difficulty demonstrating real evidence of actual confusion among consumers is a stumbling block for Apple.

A vital point in the case is that although Apple owns the rights to both marks in Europe, its trademark application in the US is still pending approval.

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