Apple has just request to court to take action against Amazon on using the term “App Store” and ban them on the usage of term for the representation of their store, which carries the apps for Google Android. But it seems that request will be denied, Amazon uses the term “App Store” as a header for their store, and already Apple sued Amazon, back in March of this year over the confusion over App Stores.

Judge of this case, Phyllis Hamilton, also seems to be agree, and reporting that Apple is failed to provide any solid evidence against the usage of “App Store” term. Apple is using this name since 2008 to advertise their iOS device application store and most recently Apple use this term to represent the official store of Mac OS X application “Mac App Store”

Apple’s difficulty demonstrating real evidence of actual confusion among consumers is a stumbling block for Apple, Hamilton said in court. 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.

The case’s judge says she will “probably” deny Apple’s request, but Apple still has the opportunity to throw more evidence into the case.