Apple will “probably” lose in its fight to block Amazon’s use of the term ‘AppStore, the Federal Judge over-seeing the case has said.
Apple claim that Amazon’s use of the term ‘App Store’ will ‘confuse and mislead customers,’ potentially damaging their brand by association with Amazon, whose App Store has a laxer security policy than Apple’s, in the process.
Stating that Apple had so far failed to demonstrate “real evidence of actual confusion”, Judge Phyllus Hamilton said she will “probably” deny Apple’s motion.
Amazon argue that the term “App Store” is generic, and that users will not get confused a service solely for use on iOS devices and another solely for use on Android platforms.
Amazon launched their Android App Store in late March of this year.
An outcome in Amazon’s favour could benefit other companies, such as Microsoft, who are also legally challenging Apple’s ownership of the term ‘App Store’.
Earlier this week Apple hit open-source software ‘Amahi’ with a cease-and-desist over their use of the term ‘App Store’ on their website.