HERE is the complaint filed by iPhone maker Apple against Amazon. Apple alleges that Amazon's use of the phrase App Store for sale of Android phone applications infringes Apple's trademark in the term App Store which was recently registered with the US Patent and Trademark Office. The registered mark is described by Apple in the registration statement below. Apple alleges likelihood of confusion.
Final refusal by Examiner, who considered the mark to be merely descriptive (3/19/2009)APP STORE [U.S. Serial # 77525433]
Goods and Services IC 035. US 100 101 102. G & S: Retail store services featuring computer software provided via the internet and other computer and electronic communication networks; Retail store services featuring computer software for use on handheld mobile digital electronic devices and other consumer electronics. FIRST USE: 20080306. FIRST USE IN COMMERCE: 20080710
IC 038. US 100 101 104. G & S: Electronic transmission of data via the internet, global computer networks, wireless networks and electronic communication networks; Providing access to global computer networks, wireless networks and electronic communications networks for transmission or receipt of data. FIRST USE: 20080306. FIRST USE IN COMMERCE: 20080710
IC 042. US 100 101. G & S: Maintenance, repair and updating of computer software; Providing a website featuring technical information relating to computer software provided; Providing computer software consulting services; technical support services, namely, troubleshooting in the nature of diagnosing and repairing computer software problems; computer services, namely, providing search engines for obtaining data via electronic communications networks; Providing temporary use of non-downloadable computer software to enable users to program, organize and access audio, video, text, multimedia content and third-party computer software programs; Internet services, namely, creating indexes of information, sites, and other resources available on global computer networks for others; Searching and retrieving information, sites, and other resources available on global computer networks and other electronic communication networks for others. FIRST USE: 20080306. FIRST USE IN COMMERCE: 20080710
Microsoft has objected to the trademark, saying the term is a generic one. Pleadings before the Trademark Trial & Appeal Board (TTAB) are HERE
No comments:
Post a Comment