Amazon on Wednesday requested that a federal judge in Oakland, California dismiss what it calls Apple’s false advertising claim against the online retailers use of the name “app store.”
Apple filed the lawsuit after Amazon launched the “Amazon Appstore” instead of its prior “Amazon Appstore for Android product.” Apple claims that the name change could lead to confusion for consumers who associate the name “app store” with Apple’s own digital software sales vehicle.
Amazon in its request tells the US District Court that the word “app store” is a generic term much like “Kleenex” has become a generic term for facial tissue. Amazon therefore argues that is has not engaged in false advertising and therefore should see the case dismissed.
Attorney’s for the defense are quick to point out that Apple’s own Steve Jobs often sued the term “app store” to discuss competitors products including the software store now known as Google Play.
An Apple spokesperson says of the filing:
“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. To the contrary, the use of the term ‘app store’ to refer to stores selling apps is commonplace in the industry.”
Amazon is not the only company to reject the app store naming convention; Microsoft, Google, and others have also spoken out against Apple, claiming that the name has become a generic descriptor for countless stores and noting that Apple was not even the first company to use the moniker.
A hearing for the dismissal motion is scheduled for October 31. Should the case move forward, Apple and Amazon will meet in court on August 19, 2013.
Do you think “app store” has become a generic naming convention for digital stores that selling digital products?