SAN FRANCISCO, June 22 Apple Inc (AAPL.O) may
face hurdles in stopping online retailer Amazon.com Inc
(AMZN.O) from using Apple's App Store name through a trademark
lawsuit, a U.S. judge indicated at a hearing on Wednesday.
Apple, the maker of best-selling iPhones and iPad tablets,
filed a lawsuit saying that Amazon has improperly used Apple's
App Store name to solicit software developers throughout the
At the hearing in an Oakland federal court on Wednesday,
U.S. District Judge Phyllis Hamilton said she would reread some
of the supporting papers in the case, according to an
individual who was at the hearing.
However, 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.
Hamilton did not make a final ruling at the hearing, court
Apple declined to comment. Amazon did not immediately
respond to requests for comment.
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
Apple has also asserted a claim of unfair competition, and
is seeking to enjoin Amazon from using the App Store mark.
The case in U.S. District Court, Northern District of
California is Apple Inc v. Amazon.com Inc, 11-1327.
(Reporting by Dan Levine and Poornima Gupta; Editing by Tim