In other Apple legal proceedings, Amazon asks judge to throw out lawsuit against them

In other Apple legal proceedings, Amazon asks judge to throw out lawsuit against them
There has been so much lawsuit news lately that this case seems almost benign by comparison.  Apple claims that Amazon is using deceptive advertising with the latter’s “App Store” name.

When Amazon launched their first generation Kindle Fire tablet, the company opened its portal for customers to download apps, “Amazon Appstore.”  Apple filed a trademark claim last year saying that Amazon’s name was misleading versus a name like, “Amazon Appstore for Android.”

At US District Court in Oakland, California, Amazon filed a request to have the lawsuit thrown out on the grounds that “app store” is a completely generic term, therefore its use does not constitute false advertising.  Amazon cited that even Apple’s CEO, Tim Cook, and the late Steve Jobs used the term loosely to describe the competitive app landscape, and quoted Cook on a comment about “the number of app stores out there.”



The hearing on Amazon's motion to dismiss is scheduled for October 31st.  If this case goes to trial, it is scheduled for August 19, 2013.

Which way do you think this will go? 

source: Reuters

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32 Comments

1. No_Nonsense unregistered

So now we have a patent/ trademark on words like App Store? What the f***?

7. pikapowerize

Posts: 1869; Member since: May 03, 2012

actually they are true this time! "App Store" is really going to be Apple's..coz when you say App Store, people think you are refering to apple's app store! thats why i hate that Microsoft change Windows MarketPlace to Windows Store!

21. denied911

Posts: 361; Member since: May 31, 2012

U R crazy

22. longhairbilly

Posts: 66; Member since: Aug 23, 2010

So should Home Depot sue every hardware store in the United States? I mean, when people think hardware store, Home Depot comes to most peoples minds right?

23. Aeires unregistered

Actually, no. When Apple first sued Amazon over this they lost because of the comment Steve Jobs made over Android being too confusing due to all the app stores people could use. That one comment made "app store" a generic term that anyone could use.

26. PhenomFaz

Posts: 1236; Member since: Sep 26, 2012

Dude waht are you talkin about? How can you patent English language acronyms????!!!!!!!!!!!!!! App Stoore is just short for Applications store! Apple should seriously get its head out of its a$$!!! Theyd didnt create the English language

18. doejon

Posts: 411; Member since: Jul 31, 2012

word of the year - lawsuit (by apple)

2. ElektronicGeek91

Posts: 105; Member since: Sep 26, 2012

Apple is dumb, their gonna sue everyone till the point no one is going to offer their service . Then Apple will have to be its own phone company lol

6. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Apple aren't dumb. Greedy, yes. But definitely not dumb.

8. ElektronicGeek91

Posts: 105; Member since: Sep 26, 2012

NO, THIER DUMB... They scared too admit it because they don't want thier loyal customers to panic. ..Samsung and Google gonna start patenting the features on thier devices and it's gonna leave Apple cornered so in order for Apple to start patenting new features they better start coming out with new devices and phones like crazy because Sammy and Google gonna beat them to the punch. They shouldn't never bit the hand that fed them.

10. No_Nonsense unregistered

In this case, I want every company (software/hardware) to patent all their features, license them to each other just for litigation purposes and come together to beat this piece of s**t lawsuits.

27. PhenomFaz

Posts: 1236; Member since: Sep 26, 2012

Amazon should have just asked to throw Apple out instead of the lawsuit!

3. galfiszabolcs

Posts: 4; Member since: Sep 27, 2012

Interesting.

4. matrix_neo

Posts: 334; Member since: Nov 03, 2011

I agree app store is completely a generic term, everyone can use it. It shouldn't be owned by just one company especially apple. What's next words they will patented/trademark? Downloading, installing or updating?! Apple should be sued for it's anti competitive business practice, it just ruining and ridicule the tech industry. If this case will push through, next year another hatred for apple will emerge, and keeps growing every year.

11. No_Nonsense unregistered

Why just Apple? No company should have a trademark on generic terms.

13. No_Nonsense unregistered

Or shapes, colors, materials used for design. By shapes, generic shapes like a rectangle with rounded corners and not the entire design.

5. anywherehome

Posts: 971; Member since: Dec 13, 2011

it is really time to pull out r*tten Apple into hitory: goo.gl/AWKfX

9. letgomyeggroll

Posts: 139; Member since: Jun 13, 2012

Apple is slowly burning all their bridges. Which will be a big problem for them, since they do not make any of their products at all. They don't even design or engineer for the most part but just the operating system of the device. While they at, they sue any body using the word, "Apple", like in Apple Pie!!!!!!!!!!!!!!!!!!! The word App has been in the use since before IPod or Iphone. It's been in PC terms.

12. No_Nonsense unregistered

The bridges were already burnt in Apple Maps.

14. Vorsayo

Posts: 21; Member since: Jan 29, 2012

Hahaha good one. And the cites misplaced. If Apple maps are so bad, and a iPhone customer uses them,does that mean Apple literary lost a customer?

19. No_Nonsense unregistered

I don't think so. The thing is Apple or any other company should not launch a product/OS/app or anything else when its not totally ready.

15. Vorsayo

Posts: 21; Member since: Jan 29, 2012

I just cant wait until Google is out of the agreement they had to sign in order to purchase Motorola preventing them from increasing cost or other wise restricting access to patents owned by Motorola, and licensed by other companies. Once the 3 or 4 years? are over they will be able to deny Apple access to WiFi. Which will f**k them over nicely. I hope Samsung is able to do something about iPhone 5 having LTE. Apparently they have some patents in LTE?

16. Techboi

Posts: 84; Member since: Sep 20, 2012

When will apple grow up!

17. aakashram2001

Posts: 14; Member since: Mar 13, 2012

WE ALL KNOW THAT THIS WEB SIGHT IS FULLY DEDICATED TO APPLE FOR WHAT REASON WE DONT KNOW BUT TRUTH IS ALWAYS TRUTH.I ALSO HEARD ONE APPLE IPHONE 5 CUSTOMER SENT A MAIL TO THE BIGMAN OF APPLE CO ASKING FOR A REMEDY FOR THE IPHONE 5 HE BOUGHT SCRATCHED AND DENTED EASILY JUST WITHIN FEWDAYS. YOU KNOW WAHT WAS THE ANS THE BIG MAN OF APPLE CO HAS MAILED THE CUSTOMER SAYING THAT IT HAPPENS IN DUE COURSE UPON USAGE.WHAT TYPE OF s**t REPLY IS THIS THE INSTRUMENT WAS LAUNCHED ON 21/9/12 IT HAS BEEN IN THE MARKET FOR HARDLY 5 DAYS/ALL APPLE CUSTOMER CLAIM ITS A BEAUTY AND PREMIUM PRODUCT WHAT TYPE OF PREMIUM SH................................................​.......... IS THAT. AND GSM ARENA DOESNT OPEN ITS MOUTH,............................................​.................. WE ALL KNOW WHY

20. No_Nonsense unregistered

Why you flaming bro? Caps lock can be turned off.

24. someones4

Posts: 627; Member since: Sep 16, 2012

Yep. Apple crossed the line here. Hardly surprising though... Now, just a bit of forecast here.. Apple will sue BMW for using the letter 'i' in BMW's iDrive feature

25. someones4

Posts: 627; Member since: Sep 16, 2012

And soon they will sue every non-iproduct user for using the word 'apps'

29. Aeires unregistered

Apple already lost a lawsuit against Amazon over the App Store name, they need to just let it go.

30. mukrenol

Posts: 92; Member since: Sep 03, 2011

that's the only way that apple stocks keep going up... by suing =]

31. CDGMobile

Posts: 29; Member since: Sep 26, 2012

I understand that this is how companies keep all the new money inhouse, through patents and copyrights trademarks and whatnot, but Apple is taking things to a whole other place. They sue and sue and if they cant bar you from making something that makes sense. This is way too much seriously and the people dont mind that everytime a new Iphone comes out that they are just paying for just a small number of differences. This is where you have to give other companies major credit, for the fact that they are still making items that trump Apple's even though there is so much red tape on what they can or cant do...

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