Apple heading for defeat in 'app store' trademark tussle

Apple heading for defeat in 'app store' trademark tussleApple looks to be heading for defeat in its bid to stop Amazon from using the name “Appstore” for its Android app marketplace, according to Business Week.

The Cupertino firm has spent months now wrapped up in a legal tussle with not only Amazon but Microsoft and other mobile firms too over its attempts the have the phrase “App Store” recognised as a proprietary trademark.

But after months of back and forth, it looks like Apple may have to admit defeat on the matter. After a hearing in Oakland, California through the week, US District Judge Phyllis Hamilton said she is “probably” going to deny Apple's motion, as it hasn't demonstrated that the current status quo creates confusion among consumers.

Apple's opponents – notably Amazon and Microsoft – have spent months arguing that “app store” is a generic term meaning no more than a sum of its parts – that is, a store selling apps. Apple reckons the term didn't exist at all before the Apple App Store came along, and so is fair game for trademarking.

A final decision on the matter is expected after Hamilton has reviewed court filings.

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