Amazon kicks Apple in the shins - says "app store" is now generic

The Chicago Tribune reports that Amazon thinks the word "app store" is as generic as "kleenex", "fax" (from telefax), "hoover" (for those in the UK) and "xerox" are. They even called up the ghost of Steve Jobs to defend them! The gall of these people.

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."

To be fair, they kinda have a point.

about the author

Dabitch Creative Director, CEO, hell-raising sweetheart and editor of Adland. Globetrotting Swede who has lived and worked in New York, London, San Francisco, Amsterdam, Copenhagen and Stockholm.

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