Legal News

With Apple?s Suit Against Amazon, the ?Appy? Days Continue

By Ashby Jones

Back in January, we wrote about Apple’s attempt to trademark the phrase “App Store,” and Microsoft’s efforts to thwart it.

Well, if anyone needed further proof that Apple is deadly serious about claiming all things “App Store” as its own, we refer you to the latest: Apple on Friday sued Amazon.com over its use of the phrase “App Store,” accusing the online retailer of, yes, trademark infringement.

Click here for the WSJ story; here for the NYT story; here for the LA Times article; here for the complaint, which was filed by lawyers from O’Melveny & Myers.

In its complaint, Apple asked the court for an injunction stopping Amazon from using the name as well as unspecified damages.

“Consumers of mobile software downloads are likely to be confused as to whether Amazon’s mobile software download service is sponsored or approved by Apple,” Apple said in its complaint.

Apple registered for a trademark on the term App Store on July 17, 2008. The trademark was approved, but is also being challenged by Microsoft Corp. and is currently subject to proceedings before an appeals board of the U.S. Patent and Trademark Office,

The filing says Amazon began using the phrase around January of this year to refer to its mobile-software download service. According to the NYT, Amazon is set to officially launch an Android app store on Tuesday. Amazon, however, cites it as “Appstore,” with no space and a lower case ‘s’.

“We’ve asked Amazon not to copy the App Store name because it will confuse and mislead customers,” said a spokeswoman for Apple.

A spokeswoman for Amazon said it doesn’t comment on pending litigation.

Although Apple’s trademark was approved by authorities, it is also being challenged by Microsoft Corp. and is currently subject to proceedings before an appeals board of the U.S. Patent and Trademark Office, Apple said in its filing.

Full post as published by Law Blog - WSJ.com on March 22, 2011 (boomark / email).