Apple “App Store” lawsuit likely to be denied – report

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Apple’s lawsuit against Amazon over the use of “App Store” is said to be “likely” denied by a federal judge after hearing the final arguments from the company, according to a report.

Bloomberg is reporting that US District Judge Phyllis Hamilton will “probably” going to deny Apple’s motion as Apple has not demonstrated that there is confusion between its App Store on its iOS devices, and the Amazon Appstore for Google Android, saying it is a “stumbling block”.

“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,” she said in court.

Apple sued Amazon over the term “App Store” for its new Google Android app store, dubbed “Amazon Appstore” in order to provide an alternative marketplace on the Android platform. Apple is claiming that it is infringing on its trademark of “App Store”.

Yes, really. Apple owns the trademark “App Store”.

Apple’s trademark infringement lawsuit also brought a response from Microsoft, who questioned the viability of the trademark and asked for it to be removed. The Redmond-based company said that the term “app store” has now become common usage to describe app marketplaces by the media – noting the differences between what the companies officially called theirs and what the media labels them.

The Google-owned-and-backed Android mobile OS has been largely successful in eating market share from the iPhone, and provides strong competition to its other iOS devices – especially in the emerging tablet market, as most of the new tablets are powered by Version 3.0 Honeycomb.

Apple, however, is looking to stifle its growth by suing the big backers of the phone. It’s suing Amazon over the potential opening of another app store with a big name.

In addition, Apple has launched lawsuits against Samsung, HTC and Motorola – claiming that they have infringed their patents or, in the case of Samsung, have copied their product designs. This tactic more likely is simply to try and profit from the growth of Android, and even prevent them from getting a hold of the American market – which it dominates.

Has Apple become the new 1990s-Microsoft?

Yes it has.

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