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Apple expands Amazon App Store lawsuit to include the Kindle Fire

Apple is fiercely defending its right to exclusively use the terms "app" and "App Store" and is now targeting the Kindle Fire. Apple amended its previous App Store lawsuit with Amazon and singles out Amazon's use of the term "Amazon Appstore" in its advertising for the Kindle Fire.

In this new filing, Apple claims Amazon has changed its advertising from "Amazon Appstore for Android" to "Amazon Appstore" to sound more like Apple's App Store. Apple asserts this is a deliberate attempt to deceive customers and argues,

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

Apple claims it popularized the term "app" and "app store" when it introduced the iOS App store in 2008. The Cupertino company faces an uphill battle as it must prove these terms are not generic and refer specifically to Apple's products. Apple faced an early setback in this case when it was denied an injunction that would prevent Amazon from using the term Appstore. As it stands, Amazon can continue to use the term while this legal battle plays out in the courts.



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Apple is fiercely defending its right to exclusively use the terms "app" and "App Store" and is now targeting the Kindle Fire. Apple...
 

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AndyT

Where exactly did you here "app" before the app store...?
"Application" is the term apple used to describe "programs" on the other guys machine...

November 22 2011 at 2:03 AM Report abuse rate up rate down Reply
Patrick

"App" is short for Application. A word that existed in computing LONG before the iPhone came onto the scene. I think that's evidence enough for Prior art.

November 21 2011 at 10:21 AM Report abuse rate up rate down Reply
csunday

I think this is just apple wasting money and trying to stay in the headlines since Steve Jobs passed away. Apple has always been on the front lines of electronics innovations, but this lawsuit goes too far. I don't believe that the term "app" or "Appstore" should be able to be a copyright. It would be like Walmart taking Kmart to court because they have "mart" in their name. In this day and age App and Appstore are common terminology in the electronics community and they shouldn't be exclusive to one company.

November 18 2011 at 11:29 AM Report abuse +1 rate up rate down Reply
Donald Whelan

This is really getting silly. Can Al Bundy trademark "ShoeStore" also?

November 18 2011 at 10:23 AM Report abuse rate up rate down Reply
Richard Servello

The term App was used LONG before the iPhone!!! This is really annoying...Apple needs to focus on making more good products and stop these asinine frivolous lawsuits!!

November 18 2011 at 10:08 AM Report abuse +1 rate up rate down Reply
hank b

Sadly I find myself liking this company less and less. Is the legal team now larger than the technical?

November 18 2011 at 10:05 AM Report abuse +2 rate up rate down Reply
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