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Apple Sues Amazon.com Over App Store Trademark
tekgoblin writes "Apple is suing Amazon.com over the use of Apple's trademarked App Store name in their mobile software developer program. Apple filed the suit back on March 18th, which detailed the trademark infringement and unfair competition which Apple felt was happening. Apple's statement in the suit reads: 'Amazon has begun improperly using Apple's App Store mark in connection with Amazon's mobile software developer program.' Apple also said, 'We've asked Amazon not to copy the App Store name because it will confuse and mislead customers.'"
hey Amazon, want to reconsider that one-click patent?
Non impediti ratione cogitationus.
Seriously, they added "store" to a word we've been using in the industry for decades. Surely there's no merit in this...
Trademark law states that any potential mark violations must be enforced. Apple may very well think suing Amazon over this is as stupid as everyone else, but the law says they have to do it anyway, else lose their rights to the trademark altogether.
Unfortunately, you're confused between patents and trademarks. Prior art can make patents invalid after being granted. But prior use does not make trademarks invalid once they've been granted.
The prior use of "AppStore" as an unregistered trademark by SalesForce.com gives SalesForce.com the right to continue using the mark. But it doesn't invalidate Apples's registered trademark, nor does it in any way give Amazon the right to use the mark.