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Apple adds false advertising claim to Amazon lawsuit

Amended complaint says Amazon further infringed on Apple's trademark in ads for the recently launched Kindle Fire tablet.'s launch of the Kindle Fire is drawing heat from Apple.

Apple, which had previously sued Amazon over its use of the term "App Store," expanded on Wednesday the scope of its lawsuit to include claims of false advertising related to the launch this week of the Internet retailer's tablet. The amended complaint (see below) alleges that since the Android tablet was unveiled in September, Amazon has begun altering its "Amazon Appstore for Android" moniker to de-emphasize the "for Android" suffix in ads for the device.

"Amazon's use is also likely to lessen the goodwill associated with Apple's App Store service and Apple products designed to utilize Apple's App Store service by associating Apple's App Store service with the inferior qualities of Amazon's service," Apple claimed in the filing, which included screenshots from Amazon's Web site.

Amazon representatives did not respond to a request for comment.

Apple filed its trademark lawsuit against Amazon in March in the U.S. District Court for Northern California. The suit seeks an injunction against Amazon's use of App Store to describe its digital download store, which sells mobile applications to users on Google's Android platform.

Amazon responded in April by countersuing Apple, saying that "App Store" is too generic and requesting that Apple's case dismissed. In July, a judge denied Apple's injunction request, ruling it had not established the likelihood of confusion between the competing brands. But she also said she did not agree with Amazon's contention that the mark is purely generic.

In addition to Amazon, Apple has squared off with Microsoft and home server software Amahi over their use of the term. Apple applied for the trademark of "App Store" in 2008, a week after the company launched its iPhone App Store.

The amended filing comes on the heels of the launch of the Kindle Fire, Amazon's first foray into the tablet market, which has so far been dominated by Apple's iPad. But analysts believe the Kindle Fire's low $199 price tag--most tablets retail for around $500--could help make it the first legitimate competitor in an area where many other high-end Android tablets have missed the mark.

App Store 2nd Amended Complaint