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Amazon asks for dismissal in Apple App Store lawsuit

updated 03:20 pm EDT, Tue April 26, 2011

'App store' a generic term, Amazon observes

Amazon has filed a formal response to Apple's App Store lawsuit, reports say. The online retailer is requesting that a federal judge in San Francisco throw out the case, on the basis that the term "app store" is generic, and therefore not something Apple can claim as exclusive. Apple's own CEO, Steve Jobs, has undermined attempts to make the term proprietary, the filing points out.

Referenced in court documents (PDF) are comments Jobs made last fall during a quarterly results call. "So there will be at least four app stores on Android, which customers must search among to find the app they want and developers will need to work with to distribute their apps and get paid," the executive said. "This is going to be a mess for both users and developers. Contrast this with Apple's integrated App Store, which offers users the easiest-to-use largest app store in the world, preloaded on every iPhone."

The tactic is similar to one used by Microsoft in an attempt to get Apple's App Store trademark application rejected. The company also coincidentally cited the Amazon Appstore as evidence of a widespread "competitive need" for the term "app store," remarking that there were 17 stores in all employing some variant. One defense tried by Apple is that the term is meant to recall the company's name.




by MacNN Staff

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Comments

  1. joecab

    Joined: Dec 1969

    +10

    you tell 'em, Amazon!

    "app store" is as generic as "1-click shopping"!

    Oh wait ... =:o

  1. jstephe

    Joined: Dec 1969

    +13

    Can you say 1 Click

    I can't believe that Amazon the company that was allowed to get a Patent on 1 Click purchasing (That Apple ended up paying to use), thinks anything is to generic.

  1. Peter Bonte

    Joined: Dec 1969

    +4

    Generic terms

    Microsoft sued Lindows over its name and won, the term windows was used before and was generic for the windowing system. I don't know how generic 1-click was before Amazon used it but its hard not to be.

    I hope they win, then i can rename my webshop the "Windows 1-Click App Store", NOT.

  1. Foe Hammer

    Joined: Dec 1969

    +6

    No Different Than ...

    ... What if Steve would have said "Oh look ... Microsoft is going to have its own genius bar in its stores too. Will their innovation ever cease?" back when those plans were just being formed and announced.

    Just because he used the name for Apple's instantiation in referring to others doesn't automatically prove that Apple can't trademark it.

  1. doctor9

    Joined: Dec 1969

    +5

    What a crock!!

    Come up with another name already Amazon! Act like you have SOME creativity, so you don't have to copy the entire Apple game plan!

    /

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