Apple is spending a lot of money in connection with its claimed App Store trademark. Microsoft has opposed Apple’s trademark application for App Store.
From the complaint: ”Recently, Amazon has begun improperly using Apple’s APP STORE mark in connection with Amazon’s mobile software developer program.” ”Amazon has also taken actions which, on information and belief, evidence Amazon’s intent to improperly use Apple’s mark in connection with Amazon’s mobile software download service. Amazon’s present and intended uses are unauthorized and unlawful.”
No offense to Apple, as I write this on my MacBook Pro, but from my perspective, App Store is not particularly distinctive. ”App” = “application” and “store” = well, “store”.
These cases will prove to be interesting. However, from a practical perspective, I am not sure how much time and money Apple should spend to protect what is an arguably weak mark – assuming it even functions as a trademark.
[It is interesting to note that the U.S. Patent & Trademark Office refused registration of GREEN APP STORE as merely descriptive.]