Amazon has responded to Apple's trademark suit over the term "App Store" by saying that Steve Jobs himself uses the term in a generic manner. The retail giant filed its response to Apple late Monday, asking the judge to toss the suit because Amazon is using the term lawfully.
Apple had filed for a trademark on the term "App Store" back in 2008—after an initial rejection, it was eventually approved in early 2010. Microsoft filed an objection in July 2010 on the grounds that the term was too generic, and later asked the Trademark Trial and Appeal Board to issue a summary judgment denying Apple's trademark application.
Meanwhile, Apple filed suit against Amazon last month after Amazon began marketing its own Appstore for Android. In its complaint, Apple said that Amazon was guilty of trademark infringement and unfair competition, arguing that third-party use of the term "app store" had only occurred in very limited circumstances and that Amazon was using it improperly in order to confuse customers.
In Amazon's response, the company acknowledges that it never received authorization from Apple to begin using the term, but says that one isn't necessary because the term is generic. The company denies that it violated Apple's trademarks or that it's confusing Apple's customers, and even cited the dictionary definitions for the terms "app" and "store."
Amazon also pointed out Steve Jobs' comments during Apple's quarterly conference call in October 2010 when he appeared to use the term "app store" in a generic way while talking about Android. The full quote was this:
"So there will be at least four app stores on Android, which customers must search among to find the app they want and developers will need to work with to distribute their apps and get paid. This is going to be a mess for both users and developers. Contrast this with Apple’s integrated App Store, which offers users the easiest-to-use largest app store in the world, preloaded on every iPhone."
Amazon cited the last (bolded) line an example of generic "app store" use.
Amazon's comments echo those Microsoft made to the Trademark Trial and Appeal Board—in fact, Microsoft cited the same Jobs quote and the dictionary definitions as well. Unlike Microsoft, however, Amazon has something to lose if the judge decides to rule in Apple's favor. Back when Apple first sued Amazon, Amazon hadn't yet launched its Appstore for Android (it had only begun inviting developers to submit apps). Now, however, that store has made its public debut, and Amazon risks whatever branding it has built up since then unless it manages to convince the judge that an app store can exist anywhere—not just on Apple's products.
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