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Apple vs. Amazon … Again.

Apple vs. Amazon … Again.Just recently Apple raised a revised complaint against Amazon’s use of the phrase ‘App Store’ in its marketing for Android and Kindle applications. They feel that such a use has ‘irreparably harmed’ Apple as consumers associate the phrase with their own App Store, which they argue is of much higher quality than their competitor’s. Apple filed for the trademark rights to ‘App Store’ in 2008, however the application is still pending after it faced opposition from arch-rivals Microsoft, who say that the term is far too generalised not to be used by other digital/computer companies.

Apple vs. Amazon … Again.

Apple originally filed a suit against Amazon in March of this year, after Amazon began using the phrase ‘Amazon App Store for Android’ on its website. A preliminary injunction, which sought the instant removal of the phrase from all Amazon sites and marketing, was rejected by the judge. Amazon has since shortened the term to ‘Amazon App Store’, in conjunction with the launch of its new e-reader, Kindle Fire; it has also began to use the phrase to promote other products, such as gift cards.  Apple’s lawyer’s claim that ‘Amazon’s on-going unlawful use of the App Store mark has irreparably harmed Apple, and Amazon’s threatened expansion and/or alteration of that unlawful use will increase the irreparable harm to Apple’.

The above quote forms part of a new complaint raised by Apple recently, which saw them request again the instant removal of the phrase from Amazon’s marketing, and products. They are also suing for any profit which is made as a result of Amazon’s use of the phrase. Part of the complaint is that ‘Amazon’s use is … likely to lessen the goodwill associated with Apple’s AppStore  service and Apple products designed to utilize Apple’s AppStore service by associating Apple’s AppStore service with the inferior qualities of Amazon’s service’.

The trial between Apple and Amazon is set to begin in October 2012 and the case between Microsoft and Apple, surrounding the trademark has been put on hold until a conclusion has been reached in the case of Apple the Apple Mac maker vs. Amazon.

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