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TheDomains.com

Apple Starts Enforcing Its “App Store” Trademark Against Amazon & Adult App Site Even Though Microsoft Is Appealing The Trademark

March 24, 2011 by Michael Berkens

 

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.”

Yesterday an company that sells adult material mikandi.com which recently launched an App Store of its own, said on its blog , it just changed it name after receiving a C & D letter from Apple:

“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.”

 

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Filed Under: Legal

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. AMAppZON.com perfect for Android AppStore says

    March 24, 2011 at 1:41 pm

    Afternic.com seems vanished

    do you have the same problem?

  2. peters says

    March 24, 2011 at 7:05 pm

    App Shop sounds better

  3. AMAppZON.com perfect for Android AppStore says

    March 24, 2011 at 7:14 pm

    don’t give $100 million to Apple after a lost sue

    it would be really ridiculous and humiliating if Apple would sue Amazon … and WIN … 😐

    and, after losing the sue, the costs to change the Amazon’s Android Apps website could be HUGE (not forgetting the loss of image for Amazon)

  4. James Barre says

    March 24, 2011 at 9:54 pm

    It’s funny how Salesforce was the original registrant of the domain and sold it to Apple…imagine if they had not sold the domain

  5. MHB says

    March 26, 2011 at 12:35 pm

    James

    Was there a report on how much Apple paid for it?


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