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Amazon asks court to dismiss Apple lawsuit over "App Store" name

News by Andrew Kameka on Thursday September 27, 2012.

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Though Apple asserts that it has a trademark on the "App Store" name, Amazon contends that the phrase has become generic and an industry standard. Lawyers for Amazon have asked a federal judge to throw out Apple's lawsuit against the company for claims of false advertising.

Apple accuses Amazon of intentionally misleading consumers by calling its app store for Kindle Fire tablets and Android devices as the "Amazon Appstore." Amazon launched the store as the "Amazon Appstore for Android" when it debuted in 2011, but the retailer switched to the shorter name when it began selling the Kindle Fire. While some might argue that was done intentionally to put branding focus on its own products rather than Android, Apple contends that it was done to confuse consumers and attract developers.

Amazon has filed a request for dismissal that claims "app store" is a generic term that even former Apple CEO Steve Jobs and current CEO Tim Cook regularly used when referring to Android. Amazon said:
"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."

A judge denied Apple's request for a preliminary injunction against Amazon in July 2011, and the two sides have been unable to resolve the issue outside of the court system. A hearing is scheduled for October 31. If a judge declines to dismiss the lawsuit, the trial will start on August 19, 2013.

source: Yahoo News

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Andrew Kameka
Andrew is based in Miami, Florida.

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