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Amazon responds in ‘App Store’ lawsuit, requests dismissal

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By Charles Starrett

Contributing Editor
Published: Tuesday, April 26, 2011
News Categories: Apple, Apps + Games

Amazon has filed a response in its lawsuit with Apple, in which the latter accuses Amazon of trademark infringement and unfair competition for its use of the “App Store” trademark. In its response, which has been published online by GeekWire (PDF Link), Amazon admits to opening a software store with the name Appstore, but denies that Apple coined the App Store mark, and claims that the term “app store” is generic and unprotectable. It also points to a comment made by Apple CEO Steve Jobs in October 2010, in which he uses the term “app store” in a generic sense, saying that Apple’s App Store is “the easiest-to-use, largest app store in the world, preloaded on every iPhone.” Notably, Microsoft has used similar arguments in its opposition to Apple’s “App Store” trademark, the review of which is still ongoing. Amazon is asking the judge to dismiss the case, and to declare that its use of the words “app store” does not infringe or dilute any rights, trademark or otherwise, of Apple. [via Mac Rumors]

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