The "app store" name has come under fire as Apple says it has the rights to use it, while Amazon believes it should be used freely. (Photo : Reuters)
The "app store" has come under fire, by two companies that believe they own the rights to the name.
A lawsuit was originally filed by Apple in March 2011 claiming Amazon, "unlawfully used the App Store to solicit software developers."
Apple spokesperson Kristin Huguet stated that Apple has asked Amazon not to copy the App Store name because "it will confuse and mislead customers."
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Apple is now asking the courts to force an executive from Amazon to testify in its legal fight as Amazon might be utilizing the app name for its Kindle devices. Apple says Amazon "consciously" removed the term "for Android" from its Appstore name to appeal Apple customers.
"As such, evidence suggesting that the name of Amazon's Service is actually 'Amazon Appstore,' or at least that Amazon has consciously chosen to cease or minimize the use of 'for Android' with its mark, is highly relevant to Apple's offensive case," said a statement from Apple.
Amazon, in return, is countersuing Apple and asked to dismiss the case.
"Amazon has not received a license or authorization from Apple to use the term 'app store,' and contends that no such license or authorization is required because 'app store' is a generic term, and Amazon's use of the term causes no likelihood of confusion, dilution, or unfair competition," said a statement from Amazon.
Amazon also wants the court to allow it and other companies freely use the term "app store," as well as to cover attorney fees for the case.
However, it is on record that the term "app store" is too generic to actually own. The U.S. Trademark Office hasn't processed Apple's application to trademark the term and according to MacObserver, Apple may have trouble in convincing the Trademark Office in accepting their claims.
