Apple’s trademark (App Store) is been used by Amazon to front its developer program, and this is what Apple calls unjust rivalry. Amazon however is not using the words similarly; instead it is part of the name “Amazon App store” as a single word. So Apple has asked the court to prohibit further of the word “App Store” by Amazon. Apple is on the view that they are seeking unspecified damages. Apple says in complaint that Amazon is contacted three times and requested to cease using “App store” name, but iPhone makers argue the request did not received any “substantive response.”
Apple spokeswoman Kristin Huguet stated, “Amazon began improperly using Apple’s App Store mark in connection with Amazon’s mobile software developer program.” In addition to that “Amazon has unlawfully used the App Store mark to solicit software developers throughout the United States.” Further he added, “We’ve asked Amazon not to copy the App Store name because it will confuse and mislead customers.” While Apple had reached out to Amazon before filing, Amazon never came back with a satisfactory response.
The issuing of a trademark for the App Store name has already been called into question by Microsoft who believes it is too generic. Amazon if joins Microsoft then Apple may have to give it up.