Amazon cites Steve Jobs as defence in Appstore court case

Amazon cites Steve Jobs as defence in Appstore court case
This is where you get your iPhone apps from, right?

Amazon has requested that Apple's false advertising claim against it for use of the term 'Appstore' be thrown out of court.

Apple reckons Amazon calling its app, er, shop the Amazon Appstore is false advertising because silly little consumers like thee and me will think it's somehow Apple-related.

But in a filing this week, Amazon requested that the judge chuck the false advertising claim out because "app store" is a generic term, not just an Apple term.

Apoplectic Apple

Amazon's lawyers contended that, "The word 'Appstore' is part of the name of Amazon's store; it is not a statement about the nature, characteristics, or qualities of Amazon's store, much less a false one.

"What Apple is actually contending is that the use of 'Appstore' may confuse consumers into believing that the Amazon Appstore is related to or sponsored by Apple.

"Leaving for another day whether that is a reasonable contention, it is clearly one that sounds in trademark, not false advertising."

That means Amazon thinks 'app store' is now an everyday term for a marketplace where you exchange money for apps, and isn't thought by anyone to specifically refer to Apple's App Store.

Amazon even points out that Steve Jobs and Tim Cook have both used the phrase 'app store' to describe Android's app retailer, now known safely as Google Play.

Apple hasn't responded to the barbed request, but the courts will rule on Amazon's motion at the end of October. You'll be on tenterhooks until then, no doubt.

From The Register

News Editor (UK)

Former UK News Editor for TechRadar, it was a perpetual challenge among the TechRadar staff to send Kate (Twitter, Google+) a link to something interesting on the internet that she hasn't already seen. As TechRadar's News Editor (UK), she was constantly on the hunt for top news and intriguing stories to feed your gadget lust. Kate now enjoys life as a renowned music critic – her words can be found in the i Paper, Guardian, GQ, Metro, Evening Standard and Time Out, and she's also the author of 'Amy Winehouse', a biography of the soul star.