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 ... [Read more]
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