BusinessWeek is reporting that Apple is “probably” going to lose its case against Amazon over the latter’s use of the name “Appstore” for its Android smartphone application store, according to presiding U.S. District Judge Phyllis Hamilton. Judge Hamilton is reported to have made the comment after a hearing in California today.
Judge Hamilton said that Apple has not proven that there is any real confusion in the market between Apple’s popular “App Store,” which is available only to iOS powered devices, and Amazon’s upstart “Appstore” for Android powered smartphones and tablets. The judge indicated that she will review court filings further before issuing a formal judgment.
Speaking to Apple in court, Judge Hamilton said “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.”
While not going so far as to suggest the term “app store” is generic in nature, as both Amazon and Microsoft have asserted in the past, this would appear to strengthen the case for those sitting in that camp.
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