As you may remember, Apple recently filed a trademark suit agains Amazon for using the term “Appstore” in Amazon’s own “Amazon Appstore” Android Marketplace. Apple is trying to stop Amazon from using “Appstore” as they feel it is infringing on their own “App Store” trademark. Anyway, GeekWire is reporting that Amazon has issued their own, […]
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Amazon Issues Response to Apple’s ‘App Store’ Trademark Suit

194052-amazonappstore.pngAs you may remember, Apple recently filed a trademark suit agains Amazon for using the term “Appstore” in Amazon’s own “Amazon Appstore” Android Marketplace. Apple is trying to stop Amazon from using “Appstore” as they feel it is infringing on their own “App Store” trademark. Anyway, GeekWire is reporting that Amazon has issued their own, official response to the suit, which can be read here.

In sum, Amazon feels that this suit is baseless, and that the term “Appstore” is too generic to trademark and prohibit others to use. This reasoning echos Microsoft’s on attempts to stop Apple’s use of the term. In what I see as a better example than Microsoft’s own points, Amazon points to Apple CEO Steve Jobs’ own use of the “App Store” in a generic sense when referring to competing application marketplaces.

Amazon has filed a counterclaim looking for a dismissal of the suit, a judgement that the use of “app store” does not infringe on Apple’s trademark, and reimbursement for their legal trouble.

Two things strike me with this, but first I want to state that I too feel like this is an awfully generic term to be fighting over, but Apple has certainly become synonymous with the term in recent years. With that out of the way, do you really think, either Amazon or Microsoft would behave any different than Apple if they had gotten to the trademark first? This doesn’t just go for “App store” but for anything competitive. It’s the nature of the business. Secondly, and I love pointing this one out, if Microsoft doesn’t like the idea of trademarking generic terms, then why the hell did they get a trademark on, say, “Windows.” Oops.

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