You may have heard of Amazon’s upcoming market, the Amazon Appstore. Well, Amazon may be in a bit of a pickle when it comes to the name for their upcoming market. Monday, Apple filed a lawsuit in a California Federal court, their complaint being that Amazon infringed on their trademark phrase “App Store”. Back in 2008, Apple applied for a trademark to the name, however the approval did not take place in till January 2010 and since then Microsoft has filed a dispute with the trademark office claiming that the grant was improper. Right now, Microsoft’s compliant is still pending.
Amazon will need to show that their use of “Appstore” is not the same as Apple’s “App Store” and does not violate Apple’s trademark. At this moment Amazon is refusing to comment on the issue, which is their policy. However, the legal determination that needs to be made is whether or not the two words are different enough so Amazon is not infringing on Apple. The question may be asked whether or not the two app store names could be confused by the average consumer.
Now we also can’t forget about Microsoft’s complaint that is still pending. If Microsoft’s complaint is approved it will nullify the whole “App Store” mess. This will be an interesting case to follow. We will bring you updates regarding this lawsuit as soon as it comes available. In till then what do you guys think, are the two names different enough “Amazon Appstore” vs. “Apple App Store” or will they just confuse consumers?