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Amazon requests judge to reject Apple's false advertising claim in app store lawsuit

CBR Staff Writer Published 27 September 2012

In 2011, Apple had filed a trademark infringement lawsuit against Amazon

Online retailer Amazon has requested a federal judge of US District Court in Oakland, California to reject Apple's 'false' advertising claim in a lawsuit challenging its use of the App Store name.

In March last year, Apple filed a lawsuit against Amazon which had launched its app store, a virtual store for providing applications for mobile phones and tablets running on Google's Android platform.

In April 2011, Amazon had responded to Apple's lawsuit over the usage of word 'App Store' saying that the term is generic and the iPhone maker should not be allowed exclusive rights to the term.

In the latest lawsuit, Amazon said the term "app store" has become so generic that its use could not constitute false advertising.

Amazon also produced evidences when Steve Jobs, former CEO of Apple, and his successor Tim Cook used the term app store to discuss rivals.

Amazon was quoted by Reuters saying that "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."

Earlier this month, Amazon had released its new Kindle Fire line of gadgets at an event in Santa Monica, California, US, challenging Apple's iPad with low prices and a storage of digital content.

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