Fruity Cargo-cult Apple's attempts to save its flagging business model from the Amazon and Android steam-roller by claiming it owns the word "app store" appear to be drowning before they have really begun.
Apple wants to stop Amazon.com from using Apple's App Store name through a trademark lawsuit.
Jobs' Mob said that Amazon has improperly used Apple's App Store name to steal its software developers and confuse users.
However, according to Reuters, Oakland federal court District Judge Phyllis Hamilton said Apple will have a hell of a job trying to prove that its users are so stupid that they could not tell Apple's App Store from Amazon's Appstore for Android.
Hamilton did not make a final ruling at the hearing, but said that she would have a look at the papers given to her first.
A good defence for Apple would be that since its users pay three times the mark up costs, queue for days in the rain for products that they could order online and spend their days writing angry letters to newspapers saying how good Apple is, they are easily confused.
All it would take is for Apple's briefs to bring in a user who got married in an Apple store and Hamilton's concerns would be over.
Apple has also asserted a claim of unfair competition, and wants to stop Amazon from using the App Store mark.