Apple is back in court in an attempt to stop Amazon from using the term ‘Appstore,’ with the charge that advertising for the online retailer’s Kindle Fire tablet misleads consumers. The tech giant wants the ads to stop, claiming they mistakenly give the impression Apple endorses the Amazon device.
“Consumers of mobile software downloads are likely to be confused as to whether Amazon’s mobile software download service is sponsored or approved by Apple or is merely a conduit for Apple’s APP STORE service,” the company’s updated lawsuit alleges. After the Kindle Fire was announced in September, Amazon switched from ‘Amazon Appstore for Android’ to just ‘Amazon Appstore,’ according to the complaint.
The amended lawsuit asks the court to order Amazon to stop, alleging the different wording caused Apple “irreparable injury” by reducing the distinctiveness of the APP STORE trademark. A California court has set an October 2012 trial date, after denying a preliminary injunction in July.
We seriously doubt the confusion in consumers’ minds exists that Apple is claiming here, but the App Store trademark is a juicy plum, and we can understand why they are fighting tooth-and-nail for it. What do you think? Is Apple in the right here? Is Amazon just jealous?
