Amazon.com has claimed that “app store” is a generic term and is not in violation of trademark law. Apple disagreed. “Apple denies that the mark APP STORE is generic and, on that basis, denies that the Amazon Appstore for Android service is an ‘app store.’ Apple further denies that defendants have the right to use APP STORE as a trademark in connection with Amazon’s mobile software download service for Android devices,” said Apple.
Apple filed the lawsuit against Amazon one day before the opening of the Amazon Appstore on March 22. On April 25 Amazon defended its use of the term by using a quote by Steve Jobs, Apple’s CEO, where he states Apple’s app store is “the easiest-to-use, largest app store in the world, preloaded on every iPhone”– to prove that the term is indeed generic.
“Apple admits that the current edition of the Oxford English Dictionary defines ‘app’ as, in part, an application, especially an application program. Apple further admits that the current edition of the New Oxford American Dictionary defines ‘store’ as, in part, ‘a retail establishment selling items to the public: a health-food store,'” Apple said.
Apple’s argument is that the two words being paired makes it the property of Apple. “Apple denies that, based on their common meaning, the words ‘app store’ together denote a store for apps. Apple denies that the words ‘app store’ are commonly used among many businesses to describe mobile software download services and further denies that the term ‘app store market’ is used to describe the market for mobile software download services,” said Apple.
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