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Apple sues Amazon over 'App Store' trademark

updated 09:35 pm EDT, Mon March 21, 2011

Apple lawsuit hits Amazon over App Store name

A court revealed on Monday that Apple had sued Amazon for allegedly infringing on a trademark with the Amazon Appstore. The iPhone maker claimed that the start of developer support for the Android shop was a misuse of the App Store name. Apple said it had asked Amazon three times to stop using the name without a "substantive response" before turning to the lawsuit.

"We've asked Amazon not to copy the App Store name because it will confuse and mislead customers," spokeswoman Kristin Huguet said.

The lawsuit, filed on Friday, was made public just a day before Amazon's store was to go live and came even as the trademark was under dispute. Although approved by the USPTO, the "App Store" trademark has been challenged by Microsoft for being too generic as a reference to any application shop. Apple has countered that the concept of an app store has become synonymous with the company and that the name was even meant to recall Apple's name.

Most have noted the conspicuous similarity in the naming scheme to Apple's, although the concept of an app store has been used generically by many. Most phone and OS makers, however, have conspicuously avoided any direct similarity even before the trademark was approved to avoid confusion or a legal reaction.




by MacNN Staff

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  1. facebook_Clarence

    Via Facebook

    Joined: Mar 2011

    -18

    apps

    AAAAAAAAAAAAAAAAAAAAAAAAAPPPPPPPP!!!!!!!!!!!

    what a stupid expression. sue everyone for using this dumb word and maybe they'll come up with something better than "app"

  1. dliup

    Joined: Dec 1969

    +11

    @clueless clarence

    It's not "app." It's 'App Store.'

    http://obamapacman.com/2011/01/analysis-apple-app-store-trademark-objection-microsoft-tries-to-fool-uspto/

    Apple popularized THE App Store with "there's an app for that" campaign, and these leechers want to a free-ride from Apple's hard work.

    In contrast, do you remember ANY memorable Amazon ad campaign phrases?

  1. global.philosopher

    Joined: Dec 1969

    +16

    First of all....

    I do not argue for or against with the trademarking of common words or compound words (words made from two or more common words). However, if these are the laws we live by then so be it.

    I believe Apple invented and applied for this trade mark three or so years ago after they basically invented the whole concept of an App Store. Microsoft are challenging this because they were (as usuall) slow to market (even though they have MS-Windows well stiched up...cough cough...trademarked) and have even sued companies to protect their trademarks (ie. Lindows). Amazon, being late to market just like Microsoft want to ride the coat tails of Apple hardwork and market leadership so they COPY Apples concept as well rip-off their trademark (even though "Amazon" is trademarked - and before you argue that Amazon is a trading business name so that is acceptable - they also trademarked "One-Click" - and patented it to boot).

    So what we have here is two companies that are:
    - Slow to innovate and late to market,
    - Copy market leaders and ride the popularity of other companies hardwork and innovation,
    - Are hypocritical (biggest sin of them all) by trademarking common words/compund words and fighting tooth and nail to protect them.

  1. facebook_Charter

    Via Facebook

    Joined: Mar 2011

    -7

    Apple sues Amazon over 'App Store' name

    Here is Similar Story

    Apple has sued Amazon.com, claiming the etail giant is using its "App Store" trademark without proper consent.

    As reported by Bloomberg, Apple filed suit on March 18 seeking to prevent Amazon from using the app store name and to win unspecified damages.

    "Amazon has begun improperly using Apple’s App Store mark in connection with Amazon’s mobile software developer program,” the complaint reads, according to Bloomberg. Steve Jobs and company filed for a trademark on "App Store" following the release of the iPhone 3G in the summer of 2008.

    In September, word arrived that Amazon was planning an Android application marketplace called the "Appstore", designed to compete with Google's official Android Market.

  1. facebook_Charter

    Via Facebook

    Joined: Mar 2011

    -5

    Apple sues Amazon over 'App Store' name

    Here is Similar Story

    Apple has sued Amazon.com, claiming the etail giant is using its "App Store" trademark without proper consent.

    As reported by Bloomberg, Apple filed suit on March 18 seeking to prevent Amazon from using the app store name and to win unspecified damages.

    "Amazon has begun improperly using Apple’s App Store mark in connection with Amazon’s mobile software developer program,” the complaint reads, according to Bloomberg. Steve Jobs and company filed for a trademark on "App Store" following the release of the iPhone 3G in the summer of 2008.

    In September, word arrived that Amazon was planning an Android application marketplace called the "Appstore", designed to compete with Google's official Android Market.

  1. wrenchy

    Joined: Dec 1969

    -8

    Simple Solution


    Change the name of the store.

    It's "Not That Big of A Deal".


    --Sent from my Android Device

  1. JuanGuapo

    Joined: Dec 1969

    +2

    Do as I say...

    ...but not as I do.

    Heh.

  1. SmokyFrosty

    Joined: Dec 1969

    0

    Amazon!!

    You fools. Why did you not see this coming. Its apple you are fighting.... duh!

  1. DiabloConQueso

    Joined: Dec 1969

    +1

    I'm opening a store...

    ...where you'll always get the best deal when you buy something.

    I'm going to call it "Bestbuy."

    I don't think anyone will have a problem with that, right? :/

    If'n they do, I've got another store I'm opening where I carry everything you want, and the prices are always on-target.

    I'm calling it "The Target."

    No objections, right? :/

  1. Jonathan-Tanya

    Joined: Dec 1969

    0

    Amazon App Store evokes zero confusion

    I get it, you all love Apple.

    But, the term App store is quite generic, and there is just no confusion about Amazon's App Store, vs. Apple's App store.

    Apple is going to have a hard time proving app store isn't generic, when its so clearly and obviously generic.

    Or that it creates confusion in the marketplace, when it just doesn't get much clearer in life than this.

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