Amazon this week filed court papers disputing Apple’s allegation that its use of the phrase “Amazon Appstore” constitutes false advertising. The Seattle company asked a federal judge to reject Apple’s claim as part of a broader trademark dispute between the two companies over the “app store” phrase.
Yes, these two are still fighting about this.
The dispute arose last year from Apple’s attempts to trademark the “App Store” name. The iPhone and iPad maker contends that it has exclusive rights to use the phrase, and that Amazon’s use of the name will cause confusion in the marketplace, allowing Amazon to benefit from the positive glow surrounding Apple’s App Store.
Amazon contends that the phrase is generic and not subject to trademark protection. Its latest response cites Apple CEO Tim Cook’s generic use of the phrase as one piece of evidence. Back when he was chief operating officer, Cook made a reference on a conference call to the “number of app stores out there.”
Here is the full text of Amazon’s latest filing: PDF, 9 pages.
A related dispute between Microsoft and Apple at the U.S. Patent & Trademark Office has been put on hold pending the outcome of the dispute between Apple and Amazon in federal court.
Although this issue has been going on now for more than a year, the stakes have only grown as Amazon has moved into more direct competition with the iPad through the announcement of the 8.9-inch Kindle Fire HD.
As noted by Reuters, a hearing on Amazon’s latest motion is slated for Oct. 31, and a trial, should it come to that, is scheduled for August 2013.