Amazon Uses Steve Jobs’ Own Words in Defense to Apple Lawsuit

It appears there are additional depositions in Steve Job’s future.  If a company’s CEO is using its “trademark” term in a generic way, doesn’t that weaken its exclusivity and make it easier for a court to find that it is available for other companies to use?

Amazon.com today responded in court to Apple’s lawsuit over the name of its Android Appstore — calling the iPhone maker’s claim to the “App Store” trademark baseless, and pointing to a statement from Apple CEO Steve Jobs as one piece of evidence in its favor.

The Seattle-based online retailer asked a federal judge in San Francisco to throw out Apple’s trademark suit, calling the phrase “app store” generic and not something that Apple can claim for its exclusive use. Amazon’s filing echoed Microsoft’s arguments in a separate dispute at the U.S. Patent & Trademark Office opposing Apple’s attempt to register the trademark.

In the filing (PDF, 10 pages), Amazon points in part to comments by Steve Jobs last fall. Speaking on Apple’s quarterly conference call, Jobs referred repeatedly to “app stores,” in a generic sense, while criticizing the fragmentation of Google’s Android platform.

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.”

Since filing the lawsuit against Amazon, Apple has asked the court to move on an accelerated schedule to impose a preliminary injunction barring Amazon from using the Appstore name. The court has yet to rule on that request, which Amazon opposes.

From: Geekwire

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