Amazon Wants Apple’s ‘App Store’ Lawsuit Tossed

Apple simply doesn’t want anyone else to have an app store.

On Wednesday, Amazon made a request for the presiding judge in the matter to toss Apple’s lawsuit – a suit based on allegations of “false advertising.”

Claims of false advertising directly relate to the online retailer’s use of the term “app store” when advertising and marketing its Android app marketplace.

According to Techhive:

The claim is part of an ongoing trademark lawsuit Apple first brought against the online retailer in March 2011 in the U.S. District Court for the Northern District of California. The lawsuit—which accuses Amazon of infringing on Apple’s rights to the app store name—was filed shortly after Amazon launched its own app marketplace, the Amazon Appstore for Android.

As MMW previously reported, Apple initially sought an injunction that would stop Amazon from using the name that Apple seemingly takes ownership of – and that’s any title that appears to include the words “app” and “store.”

“This deception is likely to influence consumers’ purchasing decisions about Amazon’s service and products, thereby diverting revenues from Apple to Amazon,” Apple said in its amended filing. “Amazon’s use is also likely to lessen the goodwill associated with Apple’s APP STORE service and Apple products designed to utilize Apple’s APP STORE service by associating Apple’s APP STORE service with the inferior qualities of Amazon’s service.”

Amazon maintains that “app store” is a generic reference and therefor it “cannot constitute false advertising.”

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