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Amazon files response to Apple's 'app store' suit

by Shaun Nichols

27 Apr 2011

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Apple's ongoing battle to take sole posession of the term 'app store' took another turn this week when Amazon filed its response to Apple's suit.

Amazon claims in the filing (PDF) that Apple should not get control of the term as a trademark for the online application service associated with its iOS platform because 'app store' is generic.

Microsoft has made a similar claim in its opposition to Apple's suit, but Amazon has some rather compelling evidence on its side, including several instances of Apple itself using the term 'app store' in a generic way.

Amazon quotes Apple chief executive Steve Jobs in the filing referring to the iTunes App Store as "the easiest to use, largest app store in the world".

This is important because it indicates that even Apple views its service as an app store rather than the App Store, possibly lending further support to claims that the term is too generic to be copyrighted for one specific service.

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