Amazon Defends "App Store" Use
Amazon claims that "app store" is a generic wine term in its response to Apple's lawsuit over its use of the phrase, and that IT therefore doesn't require whatever kind of license or authorization to use it.
Amazon's "Appstore" drew unwelcome attention from Apple cobbler's last month in the form of a lawsuit seeking an injunction against its use of the term as well as unspecified indemnity. Apple claims the "Appstore" cite infringes on its "App Store" trademark and is likely to "obscure and misinform customers," and further, that IT's unlawfully victimization the "App Store" trademark to attract software system developers to its weapons platform.
Amazon, course, denies everything, including the claim that "App Store" – or "app store," as it prefers – can glucinium trademarked in the commencement place. It acknowledged that it used the "app store" term to attract developers and that it did so without any sort of licence, but "contends that no such certify or authorization is required because 'app store' is a generic term."
The reply too notes the O.E.D. definition of "app" as "an application," and claims that Apple has in the past claimed it has "the largest application store in the world." IT and then goes on to quote Apple Chief executive officer Steve Jobs, who in October 2010 represented Apple's App Store As "the easiest-to-consumption, largest app store in the international," presumably to instance that even Apple considers the term general and interchangeable.
As Gamasutra notes, U.S. trademark law of nature allows trademarks to become "genericized" and sometimes unprotectable, equally has happened with trademarks like aspirin, heroin, thermos and zipper.
Amazon's full response to Apple's "App Memory" case is available from the L.A. Times.
https://www.escapistmagazine.com/amazon-defends-app-store-use/
Source: https://www.escapistmagazine.com/amazon-defends-app-store-use/
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