Tech Talk

Amazon, Apple spar over "app store" name

(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

Winklevoss twins invest in social network SumZero

A jab at Mark Zuckerberg? Winklevoss twins do a pistachio commercial

The Winklevoss in a recent TV commercial for pistachios.

/ YouTube

(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 »

Yahoo's free phone offer snubs RIM's BlackBerry

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.

Continue »

Apple rejects app for tracking U.S. drone strikes?

Drones+ screenshot

/ CBS
(CBS/CNET)

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. 

Continue »

Apple, Samsung injunction hearing set for Dec. 6

CBS
(CNET) The next phase of the Apple-Samsung patent infringement saga has been scheduled for December 6.

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 »

Apple's $1B patent award reportedly has Samsung reeling

(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 »

AT&T may discontinue sales of subsidized tablets

The Pantech Element is one of the tablets sold by AT&T.

/ CNET

(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 »

Amazon smartphone reportedly already in testing

AP
(CNET) Amazon is already testing a smartphone with Asian component suppliers that could be in production as early as this year, the Wall Street Journal reports.

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 »

Yikes! Google nearing record FTC fine

Google/FTC
(CNET) Google is close to paying a record settlement to resolve charges related to bypassing Apple user privacy settings, The Wall Street Journal reported Monday.

The Web giant is expected to pay $22.5 million to settle charges it

in Apple's Safari Web browser - the largest penalty the U.S. Federal Trade Commission has ever levied against a single company, unidentified officials told the newspaper.

Continue »

Cell carriers see boost in surveillance requests

CBS
(CNET) Wireless carriers say they received 1.3 million requests last year from law enforcement agencies for subscriber text messages, caller locations and other information, reflecting a steady increase during the past five years.

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 »

Apple, Google remove spamming app from stores

 Computer Security iStockphoto
(CNET) Apple and Google removed an app from their app stores after it was revealed to be harvesting users' phone contacts as spam targets.

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 »

"Leap second bug" causes site, software crashes

The Astronomical Clock in Prague, Czech Republic.

/ Wikimedia

(CNET) It only takes a single second to wreak havoc on the Internet.

The

to the Coordinated Universal Time at midnight Greenwich Mean Time last night appears to have caused site disruptions for a handful of popular Web sites and software platforms.

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 »

Judge rules Kim Dotcom warrants invalid

Kim Dotcom

Kim Dotcom speaks to media after being released on bail at North Shore District Court, Feb. 22, 2012 in Auckland, New Zealand.

/ Getty

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."

Continue »

Apple wins injunction against Samsung Galaxy Tab 10.1

The Samsung Galaxy Tab 10.1.

/ Samsung
(CNET) Apple has been granted a preliminary injunction against U.S. sales of Samsung's Galaxy Tab 10.1, the tablet deemed by many as the leading challenger to the iPad.

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 »

Google finds evidence of machine learning

binary code and laptops

A neural network created by connecting 16,000 computer processors appears to support biologists' theories on how the human brain identifies objects.

/ iStockphoto
(CNET) Google scientists working in the company's secretive X Labs have made great strides in using computers to simulate the human brain.

Best known for inventing self-driving cars and 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 »