Apple seems to have gone on the offensive to defend it App Store trademark, although the mark has not been approved and actually has a pending objection from Microsoft.
According to Bloomberg.com, Apple Inc. filed suit against Amazon.com, “saying the online retailer is using Apple’s “App Store” trademark to sell software applications for mobile devices.”
The case is Apple Inc. v. Amazon.com Inc. (AMZN), 11-1327, U.S. District Court, Northern District of California.
“Apple, in a March 18 complaint in federal court in northern California, accused Amazon.com of trademark infringement and unfair competition. The company asked for a judge’s order to prevent the company from using the “App Store” name and for unspecified damages.”
“Amazon has begun improperly using Apple’s App Store mark in connection with Amazon’s mobile-software developer program,” Apple said in the complaint. Amazon also plans to use the name with a mobile-software download service, the complaint states.
“Apple applied to register App Store as a trademark in the U.S., and the U.S. Patent and Trademark Office approved the application, Apple said in the lawsuit.””Microsoft Corp. (MSFT) opposes the registration and the matter will be the subject of proceedings before a trademark appeal board, according to the court filing.”
“Apple hit yours truly with a cease and desist over our use of the term App Store. And just this week, Apple hit Amazon suit over their use of the term “Appstore” (too close to “app” space “store” for Apple’s tastes). Amazon gave Apple the proverbial finger and launched the Amazon App store this week any way.”
“Our pockets aren’t as deep as Amazon’s so today we’re introducing you to MiKandi- the world’s first app market for adults.”
“Microsoft is currently challenging Apple’s trademark of the term. While it’s not worth it for us to fight Apple’s legal team over this by ourselves, perhaps we can file an amicus brief to Microsoft’s case.”