(CNET) In Apple's continuing trademark battle with Amazon over its use of the "App Store" name, the Internet retailer has asked a federal judge to dismiss Apple's false advertising claim.
The dispute stems from a lawsuit Apple filed in April 2011 accused Amazon of misappropriating the moniker for which Apple applied for the trademark in 2008, a week after the company launched its iPhone App Store. The lawsuit sought and injunction against Amazon's use of App Store to describe its digital download store.
Apple amended its complaint last November to include claims of false advertising. Apple contended that since the Android tablet was unveiled a year ago, Amazon began altering its "Amazon Appstore for Android" moniker to de-emphasize the "for Android" suffix in ads for the device.
But Amazon argued in a filing today with the U.S. District Court in Oakland, Calif., that the term has become generic and as a result can't be considered misleading, according to a Reuters report.
"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 in its filing, referring to instances in which Apple CEOs Steve Jobs and Tim Cook publicly referred to competitors' online marketplaces as "app stores."
"To the contrary, the use of the term 'app store' to refer to stores selling apps is commonplace in the industry," Amazon said.
Apple did not immediately respond to CNET's request for comment.
In a countersuit last year, Amazon argued that the term "App Store" is too generic and requested that Apple's lawsuit be dismissed. In July 2011, a judge denied Apple's injunction request, ruling it had not established the likelihood of confusion between the competing brands. But she also said she did not agree with Amazon's contention that the mark is purely generic.
The case is scheduled to go to trial in August 2013.
This article originally appeared on CNET
(CNET) The Winklevoss twins, best known for their courtroom battles with Mark Zuckerberg over Facebook, are taking another stab at the social-networking sector.
Tyler and Cameron Winklevoss have made a $1 million investment SumZero, a social network aimed at professional investors, The Wall Street Journal reports. The company was founded in 2008 by former Harvard classmates Aalap Mahadevia and Divya Narendra, the latter of which was a party to the Winklevoss twins' lawsuit that claimed they were misled about Facebook's value.Continue »
This story originally appeared on CBSNews.com's sister site, CNET.com.
Research In Motion is getting no respect from Marissa Mayer.
Yahoo's new CEO informed employees yesterday that they would be getting the new smartphone of their choice from Apple, Samsung, Nokia, or HTC. Through the program, Yahoos will have access to the industry's newest and hottest phones, including the iPhone 5, Samsung Galaxy S3, HTC Evo 4G LTE, and Nokia Lumia 920.
In addition to purchasing the phones, Yahoo will also pay employees' voice and data bills.
But what they won't pay for is a BlackBerry. Once the de rigueur instrument of business communications, RIM's smartphone was left off the list.
Apple has rejected an iPhone app designed to keep track of fatalities caused by U.S. drone strikes for its "objectionable" content.
The company withheld App Store approval for Drones+, an app that sends text messages to iPhones whenever the media reports casualties resulting from a drone strike and shows users the locations of drone strikes on a Google map.
That is the date on which Lucy Koh, the presiding judge in the closely-watched trial, will hear Apple's motion for an injunction against eight Samsung mobile phones, as well as the South Korean electronics giant's expected motion to have the jury's verdict set aside.Continue »
(CNET) The $1 billion judgment levied against Samsung for infringing on Apple's patents reportedly has the South Korea company reeling.
While Samsung executives weren't optimistic about an overwhelming victory in a Silicon Valley courtroom last week, the one-sided decision loss apparently caught them by surprise.
"It's absolutely the worst scenario for us," a senior Samsung executive told the Korea Times as he rushed into the company's Seoul headquarters.Continue »
(CNET) It appears the days of subsidized pricing for tablets are over at AT&T.
The carrier will no longer offer discounted, on-contract sales of tablets, according to a document published by Engadget. The document, which appears to be a briefing on new in-house sales policies, seems to indicate that today is the last day it will offer subsidized pricing of slates when purchased with a two-year data contract:Continue »
The smartphone that Amazon is currently testing has a screen size of between four and five inches, one of the Journal's sources says.Continue »
The Web giant is expected to pay $22.5 million to settle charges it
WSJ: Google tricked Apple's Safari in order to track users
Carriers' responses to a congressional inquiry, as reported by the New York Times, reveal that thousands of records were turned over on a daily basis in response to law enforcement emergencies, subpoenas and other court orders.Continue »
The Find and Call app was originally thought to be an SMS worm but later discovered to be a Trojan, according to Kaspersky Lab. The Russian software security firm said it alerted by Apple and Google to the presence of the malware in their stores, leading to the app's removal.Continue »
(CNET) It only takes a single second to wreak havoc on the Internet.
Leap second: June 30 to be longer than other days
The adjustment, which was made by International Earth Rotation and Reference Systems Service, was necessary to keep atomic clocks in line with the Earth's ever-changing speed of rotation. Dozens of leap seconds have been added since their introduction in 1972.Continue »
This story originally appeared on CBSNews.com's sister site, CNET.com.
(CNET) The U.S. piracy case against MegaUpload founder Kim DotCom appears to have run aground, with a New Zealand court ruling that the search warrants issued in January were invalid.
New Zealand High Court Judge Helen Winkelmann ruled Thursday that the warrants did not adequately describe the offenses alleged, according to a report in the New Zealand Herald. "Indeed they fell well short of that," she said. "They were general warrants, and as such, are invalid.''
She also ruled that it was unlawful for the data confiscated in the raid to have been sent offshore, saying "the release of the cloned hard drives to the FBI for shipping to the United States was contrary to the 16 February direction" [given by the court] "that the items seized were to remain in the custody and control of the Commissioner of Police."
The ruling was handed down today by judge Lucy Koh for the U.S. District Court for the Northern District of California, according to a Reuters report. Her order will take effect once Apple posts a $2.6 million bond to protect Samsung if the injunction is later found to have been unnecessary.Continue »
Best known for inventing self-drivingand augmented-reality eyewear, the lab created a neural network for machine learning by connecting 16,000 computer processors and then unleashed it on the Internet. Along the way, the network taught itself to recognize cats. Continue »
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