When the Kindle Fire came out recently, Amazon started using the name Amazon AppStore.
Now Apple has sued Amazon for using the term Amazon AppStore. Claiming that Appstore is their name only, sure enough Apple is in court crying, you can’t use that name, its ours. (Along with rectangles with rounded corners)
Amazon added that even Apple Chief Executive Tim Cook and his predecessor Steve Jobs have used the term to discuss rivals, with Cook having commented on “the number of app stores out there” and Jobs referring to the “four app stores on Android.”
Amazon has recently requested a federal judge to throw out this “false advertising” claim, citing that even Apple’s CEO refers to application marketplaces as “app stores” in General. “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,” said Amazon.
In fact, Apple CEO Tim Cook has referred to the “number of app stores out there,” while the late Steve Jobs had, at some point, referred to “four app stores on Android.”
A hearing is set for October 31, while trial commences August 19, 2013. Is it, indeed, a case of misleading advertising? Should “app store” be considered a generic term, like other “genericized” brands and trademarks out there, such as aspirin, zipper, escalator and even heroin?
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