Amazon Bites At Apple's Claim To 'App Store' Phrase

Law360, New York (April 26, 2011, 5:41 PM EDT) -- Inc. on Monday countered a trademark suit brought by Apple Inc. in California over the phrase “App Store,” arguing that the term was generic and unprotectable.

In an answer to Apple’s claims filed in March, Amazon argues that its own use of the phrase App Store will not cause confusion, dilution or unfair competition. Apple has not been harmed by Amazon’s use of the term, and in any case Apple’s claims are barred by the doctrine of fair use, Amazon says.

“Based on their common...
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