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Amazon asks judge to dismiss Apple's 'App Store' suit

Sarah Jacobssonn Purewal | Sept. 28, 2012
Amazon on Wednesday asked a federal judge to dismiss Apple's allegation of false advertising over the online retailer's use of the term "app store" to describe its online Android app marketplace.

Microsoft previously attempted to bar Apple from trademarking the name "app store" in January 2011, when it asked the U.S. Patent and Trademark Office to deny Apple's application. According to Microsoft, "app" is a generic term for what is sold at the App Store, and "store" is a generic term for a place that sells things. Therefore, "app store" is generic term for a store in which apps are sold.

"'App Store' is a generic name that Apple should not be permitted to usurp for its exclusive use," Microsoft said. "Competitors should be free to use 'app store' to identify their own stores and the services offered in conjunction with these stores."

Microsoft's case has been placed on hold, however, as a result of the Apple-Amazon lawsuit.

The Apple v. Amazon trial is scheduled for Aug. 19, 2013; Amazon's motion to dismiss Apple's "false advertising" claim will be heard on Oct. 31.


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