Apple sues Amazon for using trademark word 'App Store'

In the App Store game, Amazon revealed its own third-party app store for Android and made an astonish entry in the App Store. But this happiness was of short lived for Amazon as Apple has sued Amazon for the use of two little words "App Store". The word, App Store has been used by the Amazon for its mobile software development program. On 21st March, Monday, Apple has filed a lawsuit in a northern California based federal court, asking for a court order to prevent the use of words "App Store" by Amazon and also asking Amazon to pay for an injunction and unspecified damages.

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“Customers of mobile software downloads are likely to be confused as to whether Amazon’s service is sponsored or approved by Apple”, Apple said in its complaint. In 2008, Apple also filed for a trademark to this name App Store but it was not approved initially. In January 2010, it was approved after refilling. After that, Microsoft has also filed an argument with the trademark office claiming that the grant was improper. However, outcome of the complaint is still pending.

As per the lawsuit, the trademark is used by the Amazon with what it calls the 'Amazon Appstore Developer Portal,' and other examples such as adverts for a version of Angry Birds, the popular mobile game.

“Amazon began improperly using Apple’s App Store mark in connection with Amazon’s mobile software developer program. Amazon has unlawfully used the App Store mark to solicit software developers throughout the United States. We've asked Amazon not to copy the name because it will confuse and mislead customers”, said by Apple spokesman Kristin Huguet.

In a statement, Amazon said that its purpose is not to affect in anyway or infringe over its business operations but is to reveal its own app store and sell apps for the Android platform. Thrice already before filing to the lawsuit, Apple had asked Amazon to prevent use of the word “App Store”. However, they did not obtain any “substantive response.”

For the words "App Store", in fact Apple's trademark is quite generic. For competitors, it should have been made accessible to use as well. However, it's bad news for Amazon for not impending with another name for its third-party app store. Today, a number of third-party app stores are in existence but the words "App Store" is not used by all of them.