The dispute between Apple and Amazon over the term "App Store" continues, with Apple filing a new document with the court claiming that Amazon's "Appstore for Android" can't possibly be an app store because the term is a non-generic one referring only to Apple's App Store. Apple's official response comes via Bloomberg:
"Apple denies that, based on their common meaning, the words 'app store' together denote a store for apps," the company said in a filing yesterday in federal court in Oakland, California.
The term isn't commonly used by businesses to describe download services and, because the mark "app store" isn't generic, Amazon's Appstore for Android service isn't an "app store," Apple said in the filing.
Apple sued Amazon in late March over the "App Store" term after Amazon rolled out its marketplace for Android applications. Amazon fired back late last month, arguing that the term is generic and filing a counterclaim against Apple seeking dismissal of the original suit, reimbursement of costs, and a declaratory judgment giving Amazon free rein to use the term.
Apple is fighting a similar battle simply in trying to have the "App Store" trademark officially recognized. Microsoft in particular has been working hard to convince trademark examiners that the term is generic and not specific to Apple's implementation, using as one of its most important pieces of evidence quotes from Apple CEO Steve Jobs using the term generically to refer to non-Apple application stores.
