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

Posted: , by Alan F.

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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.

"Apple presumably does not contend that its past and current CEOs made false statements regarding to those other app stores to thousands of investors in earnings calls. To the contrary, the use of the term 'app store' to refer to stores selling apps is commonplace in the industry."-Amazon
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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posted on 27 Sep 2012, 13:55 11

1. sipha (Posts: 438; Member since: 12 May 2012)

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

posted on 27 Sep 2012, 17:44 3

10. doejon (Posts: 405; Member since: 31 Jul 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

posted on 27 Sep 2012, 13:56 9

2. metalpoet (unregistered)

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

posted on 27 Sep 2012, 17:28 3

9. PhenomFaz (Posts: 1236; Member since: 26 Sep 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!

posted on 27 Sep 2012, 14:11 7

3. CheerfulCharlie (Posts: 13; Member since: 19 Sep 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.

posted on 27 Sep 2012, 14:15 6

4. iGREGG (Posts: 66; Member since: 18 Sep 2012)

now this is crazy!

posted on 27 Sep 2012, 15:43 2

5. jmoita2 (Posts: 930; Member since: 23 Dec 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.

posted on 27 Sep 2012, 16:07 1

6. taz89 (Posts: 2014; Member since: 03 May 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...

posted on 27 Sep 2012, 16:37 1

7. josephnero (Posts: 590; Member since: 16 Nov 2011)


posted on 27 Sep 2012, 17:03 3

8. SmartPhoneStream (Posts: 162; Member since: 21 Jun 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.

posted on 27 Sep 2012, 21:00

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.

posted on 27 Sep 2012, 21:07

12. someones4 (Posts: 625; Member since: 16 Sep 2012)

Release the Kraken!!

posted on 27 Sep 2012, 23:58

14. ddeath (Posts: 169; Member since: 14 Apr 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.

posted on 28 Sep 2012, 12:30

15. roscuthiii (Posts: 2233; Member since: 18 Jul 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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