By: Mark R. Malek

I recently found out that Amazon has launched its own “App Store” focused, of course, on android apps. As you can imagine, this must have given Steve Jobs much heartburn as anything that has to do with an app is clearly owned by him.  Therefore, in response to the launching of Amazon’s App Store, Apple has decided to sue Amazon (source) for trademark infringement.

In conducting my research on the trademark office website, Apple has filed a trademark application for “App Store” directed to retail store services featuring computer software provided via the Internet, electronic transmission of data via the Internet, and maintenance, repair and updating the computer software. That pretty much covers anything and everything that can be done with respect to acts. It is interesting, however, that this father as an intent to use application.  The application was filed in July of 2008. I thought that the App Store has been around for at least that long, but I must be wrong.  An amendment to allege use was filed in November of 2009, and was accepted in December of 2009.

The application was published in January 2010. I presume, but I’m not sure, that there must have been several oppositions filed to this application. For example, there must be several companies that sell apps in an online store. Accordingly, I would suspect they would have opposed issuance of the “App Store” trademark.  I seem to recall that Microsoft of whose registration of Apple’s trademark application.

During my search, I also uncovered an abandoned trademark application for “AppStore” that was originally filed by Sage Networks Inc., in August of 1998.  I bet anything that Sage Networks folks now wish that they maintained that application.  The application was abandoned in March of 2001 for failure to file a statement of use. A petition to revive was denied in November of 2002. I suspect that they could have made some pretty good money off Steve Jobs for sale of the “AppStore” trademark.

I am curious to read the complaint since Apple’s trademark application still has not been allowed.  I believe that they will have an uphill battle against Amazon.  The drama continues.