Amazon Responds to Apple's Trademark Lawsuit Over 'App Store'

194052 amazonappstore

Just over a month ago, Apple filed a trademark lawsuit against Amazon over the company's use of the term "Appstore" for its own Android application marketplace. According to the suit, Apple is seeking an injunction to prevent Amazon from using the name, which Apple believes infringes upon its own "App Store" mark.

GeekWire reports that Amazon has now filed an official response (PDF) to Apple's suit, calling the claim baseless and asserting the generic nature of term.

The Seattle-based online retailer asked a federal judge in San Francisco to throw out Apple's trademark suit, calling the phrase "app store" generic and not something that Apple can claim for its exclusive use. Amazon's filing echoed Microsoft's arguments in a separate dispute at the U.S. Patent & Trademark Office opposing Apple's attempt to register the trademark.

Using a similar tactic to that employed by Microsoft in its attempts to have Apple's "App Store" trademark application denied, Amazon has cited comments by Apple CEO Steve Jobs in which he refers to app stores in the generic sense rather than specifically in relation to Apple's marketplace.

Amazon has also filed a counterclaim seeking dismissal of Apple's suit, a declaratory judgment that use of the term "app store" does not infringe upon Apple's trademark rights, and reimbursement of attorney's fees and other costs.

Apple has asked that the courts address the trademark lawsuit on an accelerated timetable in order to head off the rapidly increasing number of entities using "App Store" and related terms, but the court has yet to issue a decision regarding that request.

Related Forum: iPhone

Popular Stories

iOS 26 Feature

iOS 26.1 to iOS 26.4 Will Add These New Features to Your iPhone

Wednesday October 1, 2025 1:26 pm PDT by
iOS 26 was released last month, but the software train never stops, and iOS 26.1 beta testing is already underway. So far, iOS 26.1 makes both Apple Intelligence and Live Translation on compatible AirPods available in additional languages, and it includes some other minor changes across Apple Music, Calendar, Photos, and Safari. More features and changes will follow in future versions,...
iPhone 17 vs Air and Pros Feature

New iPhones See 'Stronger Than Expected' Demand With One Exception

Thursday October 2, 2025 7:26 am PDT by
Nearly two weeks after the iPhone 17 series launched, analysts at investment banking firm Morgan Stanley said demand for the devices has been "modestly stronger than we originally expected," based on a combination of extended shipping estimates on Apple's online store and information it gathered from Apple's supply chain. There has been strong early demand for the iPhone 17, iPhone 17 Pro,...
space black mbp

Here's Every New Apple Product That Leaked Yesterday

Wednesday October 1, 2025 8:27 am PDT by
A handful of upcoming Apple products leaked yesterday, through a combination of YouTube videos out of Russia and U.S. Federal Communications Commission (FCC) documents that were released, despite Apple's confidentiality requests. The leaked products include an iPad Pro with an M5 chip, as well as updated MacBook Pro and Apple Vision Pro models. All of these devices had already been rumored...
Apple 2025 Thumb 1

Apple's 2025 Product Roadmap: What's Still Coming

Wednesday October 1, 2025 3:56 pm PDT by
Apple's two big yearly events, WWDC and the iPhone launch, are done and over with, but there are still some new products that we're expecting to see before the end of the year. Apple TV The Apple TV hasn't been updated since 2022, so it's due for a refresh. It doesn't look like Apple is going to change the design of its set-top box, but we can expect a faster chip Apple code suggests...
macbook air prime day 2025

M5 MacBook Air: Release Date, Features, and Performance Predictions

Friday October 3, 2025 3:39 am PDT by
The MacBook Air is Apple's most popular laptop – a thin, fanless machine that wields quiet power thanks to the efficiency of Apple silicon. While the M4 model isn't exactly old, attention is already turning to its successor. Apple doesn't telegraph new product launches ahead of time, but we can draw a surprisingly clear picture of what to expect by looking at Apple's silicon roadmap,...
Tim Cook Rainbow

Apple Event in October? Here's What to Expect

Monday September 29, 2025 9:31 am PDT by
Apple's annual iPhone event is in the rearview mirror, but rumors suggest the company plans to release a handful of additional products before the year ends. Will there be another Apple event this October? We discuss the possibility below. Apple in October Apple's most recent October events were in 2021 and 2023. In 2022 and 2024, Apple did not host an October event. Instead, it...
apple wallet drivers license feature iPhone 15 pro teal 1

Apple's iPhone Driver's License Feature Now Available in 11 U.S. States

Tuesday September 30, 2025 6:40 am PDT by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Apple recently revealed that the feature would soon be available in North Dakota, and starting today, the feature has officially gone...
iPhone 17e Feature 1

iPhone 17e: All the Rumors So Far

Thursday October 2, 2025 4:55 am PDT by
Earlier this year, Apple released the $599 iPhone 16e – a budget-friendly late addition to its iPhone 16 series and a replacement for its long-running entry-level iPhone SE line. Given the iPhone 17 lineup has now launched, can we expect an iPhone 17e anytime soon? If you're holding out for a more affordable device with the 17 moniker attached, here's everything we know so far about the...
iOS 26 Everything New Feature

26 Hidden iOS 26 Tricks to Change How You Use Your iPhone

Wednesday October 1, 2025 9:16 am PDT by
Apple released iOS 26 in mid-September, bringing a range of new features and changes to iPhones across the globe. But not all of the included improvements have been showcased with Apple's typical fanfare, and many are likely to have been overlooked. Below, we've highlighted 26 lesser known additions and enhancements that could potentially change how you use your iPhone on a daily basis. Got...

Top Rated Comments

Consultant Avatar
189 months ago
Amazon "One Click" not only use generic words but also patents obvious methods.
Score: 5 Votes (Like | Disagree)
pyramid6 Avatar
189 months ago

...
It was.
I believe they have filed for a trademark, but the USPTO has not issued it.

Microsoft, and now Amazon, are opposing the issuing of the trademark. If it is issued to Apple, Apple will most likely prevail against Amazon. If they are not issued the trademark, everyone will have an "App Store".
Score: 3 Votes (Like | Disagree)
BC2009 Avatar
189 months ago
First the Verizon iPhone rumors come to fruition. Now comes the long-awaited White iPhone 4......

Now we can all start rumors about if and when "App Store" will become a trademark. Personally, I think Apple should get the trademark given precedents out there, but if they don't, I really don't care. After a decision is rendered in this case it will be old news in 48 hours and nobody will care.

What strikes me is how clear it is that Apple is leading the way and trying to fend off so many folks who are trying to mimic and dilute their brand or copy their every move. Everybody wants to ride the wave that is Apple's success.

Personally, I applaud Microsoft a bit here. Sure they have copied Mac OS X elements in Windows for years, but Windows Phone has its own unique user interface and Kinect is an extremely innovative accomplishment. Would be nice if more companies were innovating and making cool stuff for us to buy, rather than just trying to copy Apple. I'm so tired of Google's "let's make it close enough to iOS and claim it runs Flash and is 'open'" strategy and Samsung's "let's just make it look like an Apple device" strategy.
Score: 3 Votes (Like | Disagree)
kerryb Avatar
189 months ago
Apple App store

Wheres FullOfWin when you need him?

Apple deserves some crap for all their ill-efforts to trademark "App Store". Next thing you know, Apple might sue the National Zoo for using the term Lion at an exhibit :rolleyes:

I have to say I never heard of an "App Store" before Apple started one. Was there another before then?

When I open windows in my home an I running a PC?
Score: 3 Votes (Like | Disagree)
gnasher729 Avatar
189 months ago
Yes Amazon jump on the "it's generic" bandwagon. :rolleyes:

Please lets just keep this thread about the response and not "But how is it generic. . ." "Apple didn't create App. . ." "Well Amazon is right it's generic. . ."

I don't think it's generic that's my opinion and I'm sticking to it. I'm moving on.

Amazon's problem is that Apple actually has a valid trademark. Microsoft did the right thing: They probably want to use the trademarked term, so they sued Apple to get the trademark invalidated _before_ using it. There is no legal risk for Microsoft there; worst case they lose the court case and have to pay their lawyers and go home, that's it. Amazon did the wrong thing: They just used the trademarked term. They continue using it throughout this lawsuit apparently. So if Amazon loses, this could be very, very expensive for them.

Amazon did something similar with their cloud-based streaming service, which they started without permission of the record companies. Which means they are ahead of Apple and Google, but they are being sued now, and if anything sticks, this could be very, very expensive. Much more expensive than using "App Store" without Apple's permission.
Score: 3 Votes (Like | Disagree)
Bigdaddyguido Avatar
189 months ago
How can it be generic if no one had one before apple created there's? Suddenly everyone calls their market place an app store. There've been digital stores for years, and none were app stores.
Score: 3 Votes (Like | Disagree)