Latest on ‘App Store’ battle: Will the reality distortion field extend to the courts?

The nuances of trademark law, or any law for that matter, can sometimes lead to statements that seem strange to the outside world. But even by that standard, this line from Apple’s latest filing in its “app store” dispute with Amazon.com is pretty remarkable.

“Apple denies that, based on their common meaning, the words ‘app store’ together denote a store for apps.”

The statement is part of a broader argument by Apple disputing Amazon’s contention that the phrase “app store” is too generic for Apple to trademark. Which also leads to this gem from the filing: “Apple denies that the mark APP STORE is generic and, on that basis, denies that the Amazon Appstore for Android service is an “app store.’ ”

Read the full filing here: PDF, 5 pages. Apple sued Amazon in March over the Seattle-based online retailer’s launch of its “Appstore” for Android.

Microsoft and Apple are separately battling it out over the same issue in cases before the U.S. Patent and Trademark Office and European trademark authorities.

Bloomberg News first reported on Apple’s latest filing vs. Amazon last night.

  • http://twitter.com/bknabe Bert Knabe

     Didn’t Amazon trademark “One-Click”? Don’t even get me started about Microsoft and Windows.

    • Dibs

      One click refers to an ‘Action’. ‘App Store’ refers to an object – Albeit ‘Virtual’, such as ‘book store’ so your argument is flawed. ‘Windows’ refers to the way the OS opens ‘windows’ on the screen and so this is why it has this name. I dont see Microsoft suing company’s that sell windows for houses – Common sense prevails here! Are you an Apple fan by any chance? :/

    • Guest

      I’ll do the honours. What is it about “One-Click ordering” and “Microsoft Windows” that you dislike?

      Start, Bert.

  • Dick

     A pox on all their houses is what I say

  • Anonymous

     Next up:  Paul Allen will sue both of them for using technology-related words.