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28th Apr 11

Amazon.com seeks Apple lawsuit dismissal over App Store

by Katie Naylor

App Store: Amazon claims Apple doesn't own the name

Amazon.com Inc, in response to Apple Inc.’s trademark lawsuit over its usage of the words “App Store”, claimed that the phrase is generic, denying that the producer of iPhone has sole rights to the term.

Amazon, the largest online retailer in the world, said that it isn’t required to be granted a license or gain authorisation to use “App Store” due to that fact that the phrase in “unprotectable” and will not unfairly compete or be confused with the Apple App Store service, stated a filing in federal court yesterday in Oakland, California.

Amazon’s Appstore, which offers software downloads for android devices, was launched on 22 March. App is used as an abbreviation for application. Amazon stated in the filing that based on the words’ common meaning, ‘app store’ together indicate a store for apps, like the app stores which Apple and Amazon operate, said Amazon in the filing.

He lawsuit by Apple, filed on 18 March, should be dismissed and a court order which confirms Amazon has a right to use the term should be issued, said Seattle-based Amazon. Apple spokeswoman Kristin Huguet didn’t immediately respond to a voicemail message which had been seeking comment.

Apple’s App Store, which was launched in 2008, offers program downloads from the company as well as third-party developers to those who use iPhones, iPad tablet computers and iPod media players.

Apple, based in the Californian city of Cupertino, applied to have App Store registered as a brand name in the US, which was approved by the US Patent and Trademark Office, said Apple in the lawsuit.

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