Amazon Responds to Apple's Trademark Lawsuit Over 'App Store' - MacRumors
Skip to Content

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

8 CarPlay Features in iOS 27 Feature

Which iOS 27 CarPlay Features Actually Work in Your Car?

Thursday September 17, 2026 4:17 am PDT by
In iOS 27, available now, CarPlay gets its biggest update in years, but some features depend on what type of car you have rather than your iPhone model. Some of the biggest additions won't do anything in the vast majority of vehicles on the road today. Here's how the new features pan out. Works in Any CarPlay Vehicle Custom widgets: In iOS 27, CarPlay is no longer limited to Apple's handful ...
Apple Watch New Charging Puck

Here's Why a New Apple Watch Charging Puck Was Just Released

Wednesday September 16, 2026 8:53 am PDT by
The new Apple Watch Series 12 and Apple Watch Ultra 4 have hardware changes that allow for faster charging, but you will need to use the new version of the Apple Watch Magnetic Fast Charger included in the box in order to achieve this boost. If you need extra ones for your own charging stands or travel or so forth, Apple released the new version of the charger on its online store last week, with...
ios272anniversary

iOS 27.2 Could Save Your Marriage

Wednesday September 16, 2026 1:32 pm PDT by
The iOS 27.2 beta that Apple released today adds a feature that reminds you it's your anniversary when you call someone, as long as you've added the date in the Contacts app. On the date of your anniversary, when you go to call the person, you'll see a reminder that it's an important day so you don't forget to say something. The anniversary alert uses Call Context, a feature Apple added in...

Top Rated Comments

Consultant Avatar
201 months ago
Amazon "One Click" not only use generic words but also patents obvious methods.
Score: 5 Votes (Like | Disagree)
201 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
201 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)
201 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
201 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)
201 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)