Apple’s bid to prevent the rest of the world from using the term “Appstore” may be about to hit a stumbling block, after U.S. District Judge Phyllis Hamilton revealed today that she will “probably” deny the Cupertino company exclusive access to the term.
Apple first coined the term “App Store” back in 2008 when it launched the service for downloading apps & games to iOS devices. Worried that customers might “confuse” its service with similar offerings from rivals, Apple doesn’t want anyone else to use the term — or anything similar.
Apple took aim at Amazon earlier this year when the Internet giant launched an “Appstore” of its own for Google Android powered devices, quickly filing a lawsuit to try and stop Amazon from using the Appstore name. However, it doesn’t look like Apple will find success in court on this occasion.
U.S. District Judge Phyllis Hamilton said in an Oakland, California, court today that Apple’s difficulty to demonstrate “real evidence of actual confusion” among customers is a “stumbling block” for the company. Adding, “I’m troubled by the showing that you’ve made so far, but that where you’re not likely to prevail at this juncture.”
After the hearing, Hamilton said that she is “probably” going to deny the motion.
What do you think? Is “App Store” generic to the point of absurdity, or is Apple in the right here?