Amazon calls for immediate dismissal of frivolous suit over its "Amazon App Store" name. Apple is seeking damages because it claims Amazon's online mobile app storefront infringes on its "App Store" trademark, for which it filed several years ago.
However, Amazon's defense is the term "App Store" is so generic, Apple can't possibly trademark it. It's almost like someone trying to trademark "Electronics Store" or "Computer Store."
"Based on their common meaning, the words ‘app store’ together denote a store for apps, such as the app stores operated by Amazon and Apple," wrote Amazon in an official filing in response to Apple's lawsuit.
The argument is in line with what Amazon told the media when Apple first filed the legal action earlier this year.
Apple will argue that no one was using the term "app store" before it released the iPhone, so even though it may be ubiquitous today, it still deserves the rights to the name.
Because of the trademark, other platforms have had to come up with other names for their respective download stores. Google has the Android Market, RIM has Blackberry App World, and Nokia has the Ovi Store.