SAN FRANCISCO (Reuters)-U.S. Judging the attempt of Apple Inc. refused to stop quickly Amazon.com Inc. dealer online by using the "App Store", a court document.
Apple, the creator of the best-selling iPhones and iPad tablet, brand has filed a lawsuit saying that Amazon has improperly used the name Apple App Store to software developers in the United States.
Apple has also asked a federal judge in Oakland, California, for a preliminary injunction preventing the Amazon using the name, saying that Apple is trademark protected. However, Amazon has argued that the term is generic and thus not be protected.
United States District Judge Phyllis Hamilton did not agree that the term is purely generic, an order issued Wednesday. However, Apple has not shown "a likelihood of confusion" with Amazon services to obtain an injunction, Hamilton wrote.
Kristin Huguet Apple spokesman Wednesday that the company's earlier statements that said Apple asked Amazon to do not copy the name of the App Store, because it will "confuse and mislead customers."
A representative of Amazon may not be immediately reached for comment.
In a previous judgment on Wednesday, Hamilton set a date for October 2012.
In the case of the United States District Court, Northern District of California is Apple Inc., Amazon.com Inc. v. 11-1327.
(Reporting by Dan Levine; editing by Carol Bishopric)


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