updated 08:20 pm EST, Thu November 17, 2011
Apple widens Amazon Appstore dispute over ad claim
Apple widened the scope of its lawsuit over Amazon's Appstore late Wednesday to include claims of false advertising in sync with the launch of the Kindle Fire. The amendment argued that, as the Android tablet was launched in September, Amazon started changing its "Amazon Appstore for Android" marketing line to either downplay the "for Android" part or remove it entirely. It was shedding the OS disclaimer in an attempt to "deceive" shoppers that the store was more like Apple's, the new claim added in remarks that also criticized the quality of Amazon's store in the process.
"Amazon's use is also likely to lessen the goodwill associated with Apple's APP STORE service and Apple products designed to utilize Apple's APP STORE service by associating Apple's APP STORE service with the inferior qualities of Amazon's service," Apple contended.
While the additional claim might help bolster Apple's case by showing signs of intentional confusion, it might not address underlying doubts raised even by the judge in the case. While Apple has insisted that the term "App Store" was specific to the iPhone-oriented store before others started using it, Amazon, Microsoft, and others have argued that the wording is too direct and basic a description of the store's role to be anything but generic.
Apple has usually responded by claiming that variety in names is proof its store is unique, using examples as Android Market, BlackBerry App World, and Windows Phone Marketplace. Amazon has retorted that some are using different names only to avoid an Apple lawsuit, not out of a belief the App Store title is unique. [via paidContent]
Apple's evidence from Amazon's website