* Amazon says use of "app store" not false advertising
* Apple pursuing trademark lawsuit over "app store" name
By Jonathan Stempel
Sept 26 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 Oct. 31,
and a trial is scheduled for Aug. 19, 2013.
The case is Apple Inc v. Amazon.com Inc et al, U.S. District
Court, Northern District of California, No. 11-01327.