Judge Hearing 'App Store' Lawsuit Against Amazon Expresses Strong Skepticism in Apple's Arguments

November 1, 2012 -

The judge hearing Apple's lawsuit against Amazon for having an "appstore" has expressed some strong skepticism in Apple's core arguments. Today in an Oakland federal court US District Judge Phyllis Hamilton expressed strong doubt that Apple will be able to prove its case that consumers are confused or deceived by Amazon's use of the word "Appstore." This is not a new view by Judge Hamilton, who said pretty much the same thing a year ago after hearing Apple's arguments and denied a request by the company for a preliminary injunction against Amazon.

Hamilton repeatedly grilled Apple lawyer David Eberhart about what kind of evidence Apple had that Amazon deceived customers with its "appstore" advertising.

He argued that Apple set the benchmark for what consumers expected and that the evidence that consumers associate "appstore" with "Apple" is enough to warrant a trial.

"Everyone who uses a smartphone knows the difference between the Apple iOS system and the Android system," responded Hamilton. "Where's the confusion? There's some suggestion [by Apple] that if Amazon is using the 'Appstore' term someone might think they have as many apps as Apple does. Well, why? And how, in fact, does that contribute to any deception on the part of Amazon?"

Ars Technica has a pretty in-depth rundown of Judge Hamilton's indifference to Apple's evidence. They wonder - as many do - why Apple hasn't dropped this lawsuit altogether given that it is unlikely to be able to prevail... You can read the Ars Technica article here.

Image via Android Authority


Re: Judge Hearing 'App Store' Lawsuit Against Amazon ...

Is it just be or is Apple suing over some pretty flimsy arguments these days?  Maybe Xerox should sue them for stealing the original GUI concept from them.

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