This time, the tech giant has pulled Amazon into the fray by claiming that the Kindle-maker’s use of the name “App Store” is an infringement on a trademarked phrase. Surprisingly enough, Apple does actually hold the trademark for “App Store,” and the company took issue with the name Amazon Appstore.
Amazon originally entitled their online retail spot as the “Amazon Appstore for Android,” but the company has since placed more emphasis on its own brand instead of Android. Apple has argued that the use of the term “Appstore” is a deliberate attempt by Amazon to confuse consumers.
Amazon is having none of it and this week asked the judge to throw out the case. Amazon claims that “App Store” has become a generic title, pointing out that Apple CEOs Steve Jobs and Tim Cook have used the trademarked phrase in a generic sense when referring to what was formerly the Android Market.
“Apple presumably does not contend that its past and current CEOs made false statements regarding to those other app stores to thousands of investors in earnings calls. To the contrary, the use of the term ‘app store’ to refer to stores selling apps is commonplace in the industry.” – Amazon
Apple sought a preliminary injunction against the use of the phrase by Amazon in 2011, but U.S. District Judge Phyliss Hamilton turned it down stating that Apple had not proven that consumers would actually be confused by the two names.
Apple will have the chance to expand on their case at the official hearing on October 31st. If the issue cannot be resolved, then a trial will be set for August 19, 2013.
In other news, Apple might be able to turn around the entire economic recession by hiring enough lawyers to support all of their legal actions.
Source: Phone Arena