Apple sues Amazon over ‘App Store’ trademark

By Aemon Malone March 22, 2011

Amazon today launched its very own Android app marketplace, which it has decided to name simply, but appropriately, the “Appstore for Android.” Unfortunately for Amazon, Apple is a bit sensitive over anything bearing a combination of the words “app” and “store.” As such, Apple has decided to sue Amazon to prevent the company from using the “Appstore” name by claiming trademark infringement.

The lawsuit was filed last week, but was first reported late Monday. Apple is seeking to have a judge prevent Amazon from continuing to use the “Appstore” name and is also asking for compensation for unspecified damages.

“Amazon has begun improperly using Apple’s App Store mark in connection with Amazon’s mobile-software developer program,” Apple’s complaint stated. Apple claims that it contacted Amazon on three occasions to try and get the company to drop its planned name for the app portal, but failed to get a “substantive response.”

Amazon launched its Android app developer portal today alongside a promotional offer for a free download of Angry Birds Rio. The store currently features some 3,800 apps.

Earlier this year, Microsoft filed a motion to dismiss Apple’s claim on “App Store” on the grounds that term was “too generic” to qualify for trademark status. Apple then countered with an argument of its own, which said basically that “App Store” was no more generic than Microsoft’s trademark on “Windows.”

Apple had originally filed for the rights to the name back in 2008, shortly after launching the iTunes App Store for the iPhone.

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