Apple's Legal Crusade to Kill Amazon Appstore is Going Nowhere Fast

From DailyTech: In its trademark infringement case against Amazon.com, Inc. (AMZN) in Oakland, Calif, federal court, Apple, Inc. (AAPL) argued that the term "App Store" was synonymous with the iPhone, just as the trademarked HoneyBaked Hams are synonymous with a Michigan company. However, the judge preside over the case indicates that she feels like Apple is feeding the court a bunch of baloney.

The iPhone is Apple's biggest product and it gets over half its revenue from it. In the face of Google Inc.'s (GOOG) Android OS handsets -- which often come with superior hardware to the current generation iPhone -- one of Apple's main selling points has traditionally been its strong catalog of apps.

The company argues that if other smartphone makers could use the term "App Store", or similar terms, that it would confuse customers and "irreparably" harm its sales. Apple currently holds a trademark on the term.

The first major company to call Apple's bluff was Seattle, Washington-based Amazon, who on March 22 opened the "Appstore for Android", a third party alternative to the Android market.

Judge Hamilton says a "stumbling block for Apple" is its inability to provide "real evidence of actual confusion" among customers. She told Apple's legal team in court, "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."

A denial of the motion is a serious blow to Apple's case. Though it can continue to contest the issue in court and hope for a trial victory, it would be an indication that Apple's case might not be as strong as it thinks it is.

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