Today, at a hearing in Oakland, California, US District Judge Phyllis Hamilton said she will "probably" deny Apple's motion to halt Amazon's use of "app store" in its Android software development program and Android application store. The judge stated that Apple hasn't produced any "real evidence of actual confusion" among potential customers that would be a "stumbling block for Apple," BusinessWeek says.
Apple originally sued Amazon in March over its use of the term "app store." Apple alleged that it violated its trademark and created confusion among customers. A month later, Amazon filed an official response asserting that the term "app store" is generic and is therefore not a valid trademark. Amazon even cited Steve Jobs in its defense, quoting him from an earlier financial conference call where he used "app stores" in a generic sense.
And, for now anyway, it looks like the judge is leaning towards Amazon's defense. Hamilton told 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."
However, Apple could still beef up its case and provide additional evidence in its defense as Hamilton has not yet said when she intends to rule on the case.