Apple Might Lose Its Case Against Amazon, Judge Gives Red Signals

Apple is under a heavy cloud of filing and getting filed lawsuits this month. In a motion by Apple about stopping Amazon from using ‘App Store’ words, a judge of US District court, Phyllis Hamilton have given red signals to Apple about the decision, Bloomberg reported.

U.S. District Judge Phyllis Hamilton said today after a hearing in Oakland, California, that she is “probably” going to deny the motion because Apple hasn’t demonstrated confusion among consumers. Hamilton said she will review court filings before issuing a final decision.

Apple’s difficulty demonstrating “real evidence of actual confusion” among consumers is a “stumbling block for Apple,” 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.”

Apple is being trying to register the words ‘App Store’ for quite long now but always turned down. Apple like always has spent millions of dollars on advertisement of the service since it was launched back in 2008. Apple anticipates damage from Amazon’s ‘App store’ services which provide fewer virus protection and data security issues.

According to Amazon, the words in question are generic and Apple doesn’t own them. Even if they were not generic, Apple still can not prove that the customers will confuse themselves with the services because Apple provides downloads for iPhone and other iOS devices and Amazon App Store service targets completely different market.

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