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Judge: Apple has ‘stumbling block’ in lawsuit seeking to bar Amazon from using ‘App Store’

“Apple Inc may face hurdles in stopping online retailer Amazon.com Inc from using Apple’s App Store name through a trademark lawsuit, a U.S. judge indicated at a hearing on Wednesday,” Dan Levine and Poornima Gupta report for Reuters.

“At the hearing in an Oakland federal court on Wednesday, District Judge Phyllis Hamilton said… Apple had a ‘stumbling block’ in proving that anyone would confuse Apple’s App Store for Amazon’s Appstore for Android, the individual said,” Levine and Gupta report. “Hamilton did not make a final ruling at the hearing, court records show.”

Levine and Gupta report, “Apple claims in the lawsuit that Amazon is unlawfully using the App Store name in connection with what Amazon calls the ‘Amazon Appstore Developer Portal,’ along with other instances like advertisements for a version of Angry Birds, the popular mobile game. Apple has also asserted a claim of unfair competition, and is seeking to enjoin Amazon from using the App Store mark.”

Read more in the full article here.

[Thanks to MacDailyNews Reader “Brawndo Drinker” for the heads up.]

Related articles:
Apple rejects Amazon’s claims ‘App Store’ is generic – May 20, 2011
Microsoft, HTC, Nokia, and Sony Ericsson oppose Apple’s ‘App Store’ trademark in EU – May 13, 2011
In court battle, Amazon disputes Apple has exclusive rights to ‘App Store’ – April 26, 2011
Microsoft’s ‘Windows App Store’ images leak, look suspiciously like Apple’s Mac App Store – April 11, 2011
Apple expands their ‘App Store’ trademark in Europe – April 4, 2011
Apple targets Android porn store in ‘App Store’ trademark defense – March 23, 2011
Apple sues Amazon.com over ‘App Store’ trademark infringement – March 21, 2011
Microsoft seeks to dismiss Apple’s ‘App Store’ trademark brief because font is too small – March 9, 2011
Apple accuses Microsoft of hypocrisy in App Store trademark dispute – March 1, 2011
Microsoft files objection to Apple’s ‘App Store’ trademark – January 12, 2011

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