Reuters: Technology News: Amazon seeks to throw out Apple "app store" advertising claim

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Amazon seeks to throw out Apple "app store" advertising claim Sep 27th 2012, 00:38 Tweet Share this Email Print Related News Barnes & Noble launches new tablets in e-books fight 4:07pm EDT Google starts Nexus 7 tablet, content sales in Japan Tue, Sep 25 2012 Apple sells over 5 million iPhone 5, supply constraints loom Mon, Sep 24 2012 Apple iPhone 5 fever rages despite grumbling over maps Fri, Sep 21 2012 Grumbling over maps fails to dampen Apple iPhone 5 fever Fri, Sep 21 2012 Analysis & Opinion Counterparties: Apple's "headaches" iPhone 5 will live up to the hype – in time A box from Amazon.com is pictured on the porch of a house in Golden, Colorado July 23, 2008. Credit: Reuters/Rick Wilking By Jonathan Stempel Wed Sep 26, 2012 8:38pm EDT (Reuters) - Amazon.com Inc has asked a federal judge to throw out Apple Inc's false advertising claim in a lawsuit challenging the online retailer's use of the "app store" name. The claim is part of a March 2011 trademark lawsuit in which Apple, which this year became the world's largest company ever by market value, accused Amazon of misusing its "App Store" name to solicit developers for a mobile software download service. Apple added the trademark claim last November, soon after Amazon announced the launch of the Kindle Fire tablet and, according to the complaint, began to call its app store "Amazon Appstore" rather than "Amazon Appstore for Android." It said this change could have contributed to confusion among consumers. But in a filing on Wednesday with the U.S. District Court in Oakland, California, Amazon said the term "app store" has become so generic that its use could not constitute false advertising. 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." "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," Amazon said. "To the contrary, the use of the term 'app store' to refer to stores selling apps is commonplace in the industry." Kristin Huguet, an Apple spokeswoman, declined to comment. Apple is based in Cupertino, California, and Amazon in Seattle. A hearing on Amazon's motion is scheduled for October 31, and a trial is scheduled for August 19, 2013. The case is Apple Inc v. Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 11-01327. (Editing by Edwina Gibbs) Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above.

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