Apple and Amazon still fighting over ‘app store’ name

Remember this one?

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.

  • Guest

    This is awful. Shame on Apple for having to resort to these tactics.

    • immovableobject

      Apple shouldn’t be allowed to retain any trade names or technology for itself. Everything they do should be ruthlessly copied and exploited by its competitors.

      Here is how a hater’s mind works. If Apple dares to be different, accuse them of being non-standard and proprietary. If there is a problem, criticize them relentlessly, but if what they do is well received, copy them. If Apple does things the same as everyone else, accuse them of being unoriginal. Did I miss anything?

      • that’s bs

        shame on apple for trying to claim ownership of a generic name. They didn’t invent the app, they didn’t invent the store and they didn’t invent those words. But they act like they invented all three.

        And shame on you for attacking Guest for things he didn’t say. You didn’t invent that either.

        • blah blah blah

          And Apple has to pay a royalty to Amazon because Amazon has patented “one click” purchasing. Something as simple as that is patented ! ! Well, Apple is just trying to protect its investments too. The App store is synonymous with Apple. Amazon is just trying to ride Apple’s coat tails for free. Simple as that.

      • iWhacker

        Is Apple paying you or are you shilling on their behalf for free?

  • http://www.facebook.com/dnovo3 Diego Novo

    Linux invented the App Store around year 2000 . Debian had it around that year with their package manager . Linspire Linux follow with their own ” Click n Run Store aka app store. So LINUX invented the App Store.