Apple is asking the court to force an executive from Amazon.com to testify in its legal fight to stop the online retailer from using the term “app store.” Apple has accused Amazon of intentionally playing off of its App Store name to draw more customers to its Kindle platform.
The legal battle started in March 2011 with Apple filing a lawsuit in U.S. Federal Court in Northern California claiming Amazon “unlawfully used the App Store mark to solicit software developers.”
Apple spokesperson Kristin Huguet said at the time that Apple “asked Amazon not to copy the App Store name because it will confuse and mislead customers.”
The iPhone and iPad maker followed up in November by amending its lawsuit to include false advertising claims.
Apple has been trying to keep other companies from using the term “app store” because it’s associated with its own App Store for iOS apps, and now the Mac App Store, too.
Now Apple is saying Amazon intentionally dropped references to Android apps from its Appstore name, according to GigaOm. “Amazon has consciously chosen to cease or minimize the use of ‘for Android’ with its mark, is highly relevant to Apple’s offensive case,” the filing stated.
So far, the U.S. Trademark Office hasn’t signed off on Apple’s application to take control of the term “app store.” The arguments against giving Apple the trademark are that the term “app store” is too generic, and Apple may have a hard time convincing the Trademark Office otherwise.
Apple has not commented on its latest filing.