Apple criminal submitting Cites concern of ‘Inferior’ Amazon Appstore Tarnishing its reputation

The trademark dispute between Apple and Amazon over the term “App store” continues to play out, with Computerworld noting that a new filing through Apple clarifies the corporate’s stance that it fears a tarnishing of its popularity through association with the “inferior” Amazon Appstore for Android.

In a filing on Wednesday, Apple countered Amazon’s claim that “app store” is a universal label, and repeated its demand that the court docket difficulty a preliminary injunction barring Amazon from the use of the an identical “appstore” to market its Android app download middle.

“Amazon mischaracterizes Apple’s tarnishment claim,” Apple said within the June 8 reply to an previous Amazon filing. “Apple has no longer asserted that the Android operating system is inferior. somewhat, Apple has asserted that Amazon’s service is inferior and can tarnish Apple’s mark.”

In its submitting, Apple additionally expresses issue over the Amazon Appstore’s providing of apps that bypass safety mechanisms constructed into the Android platform, in addition to plenty of cases of malicious or pirated apps which have seemed in Android app marketplaces. Apple fears that having the word “app retailer” related to such kinds of functions will tarnish the recognition of Apple’s relatively tightly-regulated App store.

Apple has also taken the chance to point to Amazon’s new Mac obtain store for example of how Amazon can supply software download services and products with out the use of the “app store” time period.

Apple has been trying since July 2008 to have the U.S. Patent and Trademark group provide its trademark utility for the “App retailer” term. within the course of, Apple has reached out to corporations it believes are infringing on the mark, as can be required for a granted trademark lest it grow to be regarded as a everyday time period and for this reason unprotect-ready. Microsoft has been major the struggle to have Apple’s trademark utility denied, arguing that the term is just too generic within the first position to obtain trademark protection.

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