Judge: Apple 'Likely Not to Prevail' in Spat with Amazon over AppStore Name

After alleging on countless occasions that ‘App Store’ should be allowed its own trademark, Apple is now facing difficulty in convincing even the judge presiding over its case against Amazon, who uses the term to market its own digital downloads storefront.

Apple sued Amazon in March claiming its newly-launched AppStore was called the same as theirs.

Apple’s App Store sells iOS applications that run on the iPhone, iPod touch, and iPad. The Cupertino tech giant also has a Mac App Store dedicated to applications that go on the company’s full fledged computers which run Mac OS X.

Amazon’s AppStore sells mobile applications that go on Google's Android platform and the various devices that support the mobile OS.

Reports now reveal that U.S. District Judge Phyllis Hamilton, who is presiding over the spat between Apple and Amazon, said she'll "probably" deny the former’s motion to ban the latter from using the AppStore dubbing.

The Judge argued that Apple's original plea (that the name confuses customers) lacked evidence.

"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," Hamilton reportedly said during a hearing.

Apple’s trademark application for App Store is pending approval in the United States, but the electronics maker is known to have secured the name in Europe.

Many argue that Apple should be granted its App Store trademark just as Microsoft was able to trademark ‘Windows’, also considered a rather generic term.

However, the fact of the matter is that Microsoft is not selling actual windows, but an operating system whose dubbing is metaphorical, so to speak.

The same thing cannot be said about Apple’s App Store which, in all senses, is nothing more than a store for applications, or apps.

We’d like to hear what you think of this. Hit us with a few impressions in the comments. Should Apple be granted the right to trademark ‘App Store’?