Amazon wants Apple's law suit over App Store name to be dismissed

Amazon wants Apple's law suit over App Store name to be dismissed
Claiming that the term "App Store" has become a generic title, lawyers for Amazon are asking a judge to toss Apple's lawsuit against the online retailer for calling its applications store the Amazon Appstore. Amazon attorneys noted in a filing that even Apple's last two CEOs (the late Steve Jobs and Tim Cook) had used the app store phrase generically when talking about what was then called the Android Market. Apple holds a trademark on the App Store name and originally filed the suit in March 2011.

Amazon launched its store last year as the "Amazon Appstore for Android," but shortened the title with the release of its popular Amazon Kindle Fire tablet. Whleeeeile Amazon could make the claim that it took the Android name off of the title to put the focus on Amazon, Apple has argued that it was a deliberate attempt to confuse consumers and to attract developers who produce content for the stores.

In 2011, Apple unsuccessfully sought a preliminary injunction against the use of the name by Amazon. U.S. District Judge Phyliss Hamilton said that Apple had failed to prove that consumers would be confused by the two names. A hearing on the dismissal request is set for October 31st. If the judge refuses to throw out the case, and both sides can't reach an out of court settlement, a trial is set for August 19, 2013 which is something we can all look forward to.

source: Reuters

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15 Comments

1. sipha

Posts: 440; Member since: May 12, 2012

it use to be funny, but now has gottern is ridiculous...now, apple wants the right to the word app...

10. doejon

Posts: 411; Member since: Jul 31, 2012

theres only one thing left 4 apple to patent the human technique to breathe air lol pls stop this s**t...apple u damn suck they know that there will be a time no one will buy any apple product but they will still earn money because of the patents lol

2. metalpoet unregistered

I dont even like Amazon for their business practices, but I'll side with them on going against Apple! DIE APPLE!

9. PhenomFaz

Posts: 1236; Member since: Sep 26, 2012

Pathetic on Apple's part...just pathetic and desperate! I hate to say it but I would side with ANY COMPANY aganst Rotten Apple!

3. CheerfulCharlie

Posts: 13; Member since: Sep 19, 2012

CommON. The word APP and APPS was generic even before APPLE started using it. I started using it back in 1988 when I was teaching a course in Microcomputer Apps.

4. iGREGG

Posts: 66; Member since: Sep 18, 2012

now this is crazy!

5. jmoita2

Posts: 930; Member since: Dec 23, 2011

Apple needs to be thought a lesson. Like the poster above, I'm not a total fan of Amazon, but come on, this is beyond ridiculous.

6. taz89

Posts: 2014; Member since: May 03, 2011

App has been used for a long time for application in the smartphone world... Can't believe they even got a tm for it... If there's blame it's to the people who give the tm...

7. josephnero

Posts: 778; Member since: Nov 16, 2011

apple=bulls**t

8. SmartPhoneStream

Posts: 162; Member since: Jun 21, 2012

This is just sad. I can understand that apple is feeling threatened by android manufacturers such as Samsung and deciding to sue them. But suing over the word App store is ridiculous. You can not sue someone over using the correct word on what they're selling "APPS" Apple has crossed the line many times between Just and Unjust but this is just plane stupid.

11. InspectorGadget80 unregistered

Even Amazon thinks the name IS FCKING POINTLESS ALL APPLE wants to do IS CONTROL EVERY TECHNOLOGY. The name is irrelevant and stupid.

12. someones4

Posts: 627; Member since: Sep 16, 2012

Release the Kraken!!

14. ddeath

Posts: 170; Member since: Apr 14, 2012

Like what I've mentioned before in other news, U$ patent office$ love Apple. Apple might as well patent everything generic. Car store, book store, shoe store, whatever store. "What?!? You are using Book store, the name I patented? I'm so gonna sue you!!" Sheesh.

15. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

"...Apple has argued that it was a deliberate attempt to confuse consumers and to attract developers who produce content for the stores." Apple really has very little faith in consumer intelligence doesn't it? Then again, looking at Apple's profits I see that lack of faith may be warranted.

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