1 April 2011Trademarks

Apple gets ready to rumble with Amazon

iPhone-maker Apple has accused online retailer Amazon of infringing its ‘App Store’ trademark with the recently launched Amazon Appstore for Android.

Apple filed its complaint on March 18 at the US District Court for the Northern District of California. It said that Amazon’s mobile application developer programme and download service constitutes unauthorised use of its ‘App Store’ trademark.

The US Patent and Trademark Office (USPTO) approved the trademark on January 5 for coverage in classes 35, 38 and 42. Software company Microsoft opposed this five days later.

In January, Russell Pangborn, associate general counsel of trademarks at Microsoft, said: “Like ‘shoe store’ or ‘toy store’, [‘app store’] is a generic term that is commonly used by companies, governments, and individuals that offer [mobile phone applications].”

Microsoft’s opposition is currently with the USPTO’s Trademark Trial and Appeal Board.

In its trademark infringement complaint, Apple said: “Apple coined the term APP STORE as a means of branding its new service. The term APP STORE was not in general use in connection with the distribution of software programs prior to Apple’s adoption of the term as a trademark.”

It added: “On or about January 19, February 9, and March 14, 2011, Apple communicated with Amazon and demanded that Amazon cease its use of the APP STORE mark. Amazon has not provided a substantive response to any of Apple’s communications.”

Apple is seeking an injunction preventing Amazon from using its trademark, as well as damages and any profits that Amazon has made from its “unauthorised use” of Apple’s trademark. Amazon and Apple did not respond to requests for comment.

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