(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
(AP) U.S. bookseller Barnes & Noble Inc. says it will launch a video service this fall that lets users buy and watch movies and TV shows on their mobile devices and televisions.
The New York-based company says users of Nook Video will be able to shop an extensive collection of movies and shows from major studios including HBO, Sony Pictures, Viacom and Warner Brothers. The move into video puts Barnes & Noble more directly into competition with other online video providers, including Amazon.com and Apple Inc.Continue »
(CBS News) Amazon released four new Kindle devices Thursday. There's no question the Kindle Fire HD was the highlight of the lineup. But, with all of its impressive features, is Amazon's new tablet a threat to Apple's iPad or Google's Nexus 7?
The Kindle Fire HD is packed with features, including 1,920 x 1,200 resolution with 254 pixels-per-inch, dual Dolby digital plus speakers, Wi-Fi connectivity, a front-facing camera and 25 percent less glare than the Kindle Fire.
Software highlights include: Whispersync with Voice, which lets you listen to an audio book, bookmark your place and then switch to the e-book version; X-ray for movies lets you pause a video and look up an actor on-screen; and FreeTime creates different profiles for each person in the family, so that parents can limit their kids' screen time.Continue »
Makers of consumer electronics are refreshing their products for the holiday shopping season. Apple's rivals are hoping that a head start on the buzz will translate into stronger sales.Continue »
(CBS News) Amazon announced Thursday the launch of the Kindle Fire HD, new Kindle Fire and Kindle Paperwhite e-reader.
Amazon chief executive officer Jeff Bezos took the stage to introduce the Kinde Fire HD, Paperwhite and a stream of updated products. Bezos spoke about how the company has taken risks and emphasizing that the Kindle Fire is a service, not a gadget. The hardware, however, is a critical part of the service.Continue »
(CBS News) Amazon is expected to announce several new products at a press conference Thursday in Los Angeles. Among the retail giant's lineup may be a Kindle Fire 2, smartphone and a new "Paperwhite" Kindle e-reader.
The new Kindle Fire 2 may feature a custom version of Google's mobile operating system Android, Nokia Navigation and location-services - either with a GPS chip or Wi-Fi triangulation.Continue »
According Reuters sources, Amazon is going to integrate Nokia's mapping service instead of Google Maps.
Skipping on Google Maps could just come down to the fact that Amazon doesn't want to promote a competitor's brand on its own device.Continue »
(AP) Amazon quenched the Kindle Fire on Thursday, saying its first tablet computer is now "sold out."
The Internet retailer has a major press conference scheduled for next Thursday in Santa Monica, California. It's widely expected to reveal a new model of the Fire there, so the announcement that the first model is "sold out" suggests that Amazon halted production a while ago to retool for a new model.Continue »
Most people use a form of cloud computing everyday, but the term has yet to become engrained in the mainstream lexicon.
So what the heck is cloud computing?Continue »
(CBS News) Seth Horvitz ordered a flat-panel TV through an Amazon.com third-party vendor, but when his package came in the mail, its contents shocked him.
Instead of a TV, the DCist.com blog reports Horvitz was surprised by a Sig Sauer SIG716, which is semi-automatic assault rifle. Horvitz said he immediately contacted the seller and reported the delivery to the Metropolitan Police Department.Continue »
Updated 11:31 a.m. ET
(CBS News) Apple and Amazon made changes to its password retrieval process after technology journalist Mat Honan published an in-depth account of how one hacker took over his digital life by exploiting vulnerabilities in Apple and Amazon's account policies.Continue »
(CBS/AP) Competition between Amazon and Apple is heating up.
Amazon has updated its cloud music player to mimic Apple's iTunes Match, but is offering 10 times more storage space for the same price.
Apple's iTunes Match is a service that works in conjunction with iCloud to put all of your music in the cloud for access anywhere. The service will scan your music library and match it with songs in the iTunes Store.Continue »
(CBS News) The "Fifty Shades of Grey" trilogy has dominated the Amazon U.K. e-book charts. And now it's threatening a publishing powerhouse.Continue »
The long-awaited app will let users stream or download movies and TV shows from their Amazon Prime libraries. Customers will also be able to watch videos purchased from Amazon Prime.Continue »
The DOJ posted copies of the more than 800 comments on its Web site today. In April, the agency announced that it had filed an antitrust suit against Apple and five of the nation's largest book publishers. The government accuses Apple and of conspiring to raise prices and forcing Amazon and other retailers to follow suit.Continue »
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