Amazon has requested that Apple's false advertising claim against it for use of the term 'Appstore' be thrown out of court.
Apple reckons Amazon calling its app, er, shop the Amazon Appstore is false advertising because silly little consumers like thee and me will think it's somehow Apple-related.
But in a filing this week, Amazon requested that the judge chuck the false advertising claim out because "app store" is a generic term, not just an Apple term.
Apoplectic Apple
Amazon's lawyers contended that, "The word 'Appstore' is part of the name of Amazon's store; it is not a statement about the nature, characteristics, or qualities of Amazon's store, much less a false one.
"What Apple is actually contending is that the use of 'Appstore' may confuse consumers into believing that the Amazon Appstore is related to or sponsored by Apple.
"Leaving for another day whether that is a reasonable contention, it is clearly one that sounds in trademark, not false advertising."
That means Amazon thinks 'app store' is now an everyday term for a marketplace where you exchange money for apps, and isn't thought by anyone to specifically refer to Apple's App Store.
Amazon even points out that Steve Jobs and Tim Cook have both used the phrase 'app store' to describe Android's app retailer, now known safely as Google Play.
Apple hasn't responded to the barbed request, but the courts will rule on Amazon's motion at the end of October. You'll be on tenterhooks until then, no doubt.
From The Register
