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.

Now Apple has filed a lawsuit against Amazon claiming that Amazon’s use of Amazon Appstore infringes Apple’s App Store.  A copy of the complaint may be found here.

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.]

In response to a cease and desist letter from Summit Entertainment, the producer of the Twilighht series of films, Limited Brands (parent company of the Bath & Body Works stores) has filed a lawsuit seeking injunctive relief, that is, a declaration of non-infringement.

Summit Entertainment’s cease and desist letter claimed that Limited Brands’ use of the “Twilight Woods” name on one of its Bath & Body Works lines for personal care products.  Bath & Body Works introduced the “Twilight Woods” line in September 2009. It includes body lotion, shower gel, eau de toilette and hand soap. The scent is described as: “Apricot nectar, mimosa petals, and Tuscan cypress combine to create this hypnotic fragrance inspired by a romantic walk in enchanted woods.”

From our perspective, unless B&BW’s products contain blood as an ingredient, Summit is stretching the limits of trademark protection.

Source.