Amazon Seeks Dismissal in Apple’s ‘App Store’ False Advertising Claim

Amazon.com has asked California U.S. District Court judge to dismiss Apple's claim that the online retailer's use of the term "appstore" is a case of false advertising. The request is in response to an Apple lawsuit filed in March 2011 that alleged that that Amazon.com's use of the name "Amazon Appstore" violated its App Store trademark. In November of last year Apple amended the complaint to include allegations that the use of "appstore" amounted to false advertising and would cause consumer confusion.

Amazon argued in its motion filed in U.S. District Court in Oakland last Wednesday that the term has become so generic that it isn't misleading, and cited Apple's own CEOs referring to their competitors' stores as app stores.

"For example, former Apple CEO Steve Jobs touted the superiority of Apple's 'integrated app store' in comparison to what he described as 'the four app stores on Android'," the court filing stated.

Amazon also noted that Apple CEO Tim Cook once talked about "the number of app stores out there" in reference to non-Apple marketplaces.

The false advertising claim does not stand because Apple has not cited any false statements Amazon made about the Amazon Appstore in its advertising, according to Amazon.

"The word 'appstore' is part of the name of Amazon's store; it is not a statement about the nature, characteristics, or qualities of Amazon's store, much less a false one," the filing added.

You can read the Amazon filing here (PDF).

Source: Courthouse News

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