• Bloomberg Businessweek, Thursday, June 23, 2011 11:29 AM

While it may result in a few confused consumers, it looks unlikely that Apple will get exclusive rights to the term "Appstore." After a hearing in Oakland, Calif., U.S. District Judge Phyllis Hamilton said this week that she is "probably" going to deny Apple claim because it hasn't actually demonstrated confusion among consumers, reports Bloomberg Businessweek. Specifically, Apple is trying to stop Amazon.com from using the term "Appstore" for a service selling programs for Android devices.

Apple is arguing that it will be irreparably harmed because the value of its own App Store will be eroded as consumers confuse the two services. What's more, Apple claims to have spent hundreds of millions advertising the service since it was launched in 2008 and will suffer irreparable damage by associations with Amazon's Appstore service.

Yet, Apple's difficulty demonstrating "real evidence of actual confusion" among consumers is a "stumbling block for Apple," Judge Hamilton said in court, according to Bloomberg Businessweek.

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