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Apple Will "Probably" Lose Fight with Amazon

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We've all been there. Trying to download an app to our iPhone, noticing that something wasn't right. Not only was the app not installing properly, but the layout of Apple's App Store seemed... off. Instead of the white/off-white/grey color scheme we've come to know and love, the site seems to really rely on orange and blue for some reason. And what's all this "You need a compatible Android device to install this app" jazz? Since when did that happen?

And then, like a right hook in an unlit room, it hits you: "Oh! I know what the problem was! I've mistaken the Amazon Appstore for Apple's App Store again! Gosh, it sure is tough telling them apart, what with 'App Store' being in both names!"

Apple knows. Like a devoted mama, Apple knows.

That's why Cupertino unleashed its pack of rabid lawyers against the Seattle retailer back in March after Amazon debuted its own Android marketplace. The company claimed, understandably, that scores of users would be completely confused between the two services, no longer visit its App Store, immediately buy a Motorola Droid, try to eat their iPhone, and suddenly find themselves, six weeks down the line, somehow on tour with Slipknot.

But oddly enough, Apple's case isn't doing so well. To its detriment, the company landed US District Judge Phyllis Hamilton -- who must have been a Mensa member before entering law. Because this Stephen Hawking-level genius is able to differentiate Amazon's Appstore and Apple's App Store.

During the hearing in Oakland, California, Hamilton said that Apple has shown difficulty demonstrating "real evidence of actual confusion" among customers and that lack of evidence is "stumbling block for Apple." According to Bloomberg, she said, "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 then punctuated her remarks by solving a Rubik's Cube in under 8 seconds.

So, repeating its failed attempts with the word pod and a lower-case I, Apple will probably be unable to trademark the term "App Store" as Judge Hamilton will agree with Amazon's sentiments about the phrase being too generic.

And the rest of us will be forced to go through life, wondering who we are and which way is up, bewildered between online marketplaces to the point where the unthinkable happens.

We might accidentally buy a BlackBerry or Windows Phone.

(See also: You Want This Amazing Smartphone App Immediately and Which Phone Is Verizon and AT&T's Top Seller?)

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POSITION:  No positions in stocks mentioned.