The US District Judge in charge of Apple's case against Amazon says the mobile giant will likely fail in its attempt to block the online retailer's use of the 'Appstore' name.

Speaking before issuing her final decision, Judge Phyllus Hamilton said she will "probably" deny Apple's motion, given the company has failed to prove that consumers confuse Amazon's new app marketplace for Android with Apple's own App Store.

No confusion

When the suit was filed, Apple claimed Amazon's use of the word Appstore in the naming of its marketplace was 'improper' and the company had "unlawfully used the App Store mark to solicit software developers throughout the United States".

The basis of the entire case rested on Apple's assertion that Amazon's Appstore would "confuse and mislead customers" – something Judge Hamilton says Apple has failed to prove.

The company's inability to demonstrate "real evidence of actual confusion", Hamilton said, is a "stumbling block for Apple".

"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 concluded.

The case could be crucial for Apple, given it's also attempting to claim the 'app store' name with with the US Patent and Trademark Office (USPTO).

If Apple loses the case against Amazon, it could both weaken said claim and add weight to Microsoft's view that 'app store' is a generic term that no one company has a hold over.

[source: Bloomberg]