Amazon.com has asked a federal judge to throw out a lawsuit that Apple filed against them in regards to use of the “App Store” name. Apple filed a trademark lawsuit against Amazon in March 2011 over the use of the “App Store” name to solicit developers to create apps for them.
Apple filed the lawsuit shortly after Amazon announced the Kindle Fire tablet. Amazon called their app store “Amazon Appstore” instead of “Amazon Appstore for Android.” Apple said that this change could have contributed to confusion among consumers. Amazon wrote in a filing yesterday with the U.S. District Court in Oakland, California that the term “app store” has become so generic.
Amazon added that Apple CEO Tim Cook and his predecessor Steve Jobs used the term “app store” to discuss rivals. Cook said “the number of app stores out there” and Jobs said “four app stores on Android” at one point in a presentation.
“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. “To the contrary, the use of the term ‘app store’ to refer to stores selling apps is commonplace in the industry.”
A hearing about Amazon’s motion is scheduled for October 31 and a trial is scheduled for August 19, 2013. The lawsuit was filed under Apple Inc v. Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 11-01327.