March 22, 2011 / 1:02 AM / 9 years ago

Apple sues over APP STORE trademark

A woman walks past icons for Apple applications at the company's retail store in San Francisco, California in this April 22, 2009 file photo. REUTERS/Robert Galbraith/Files

SAN FRANCISCO (Reuters) - Apple Inc has sued Inc in a bid to stop the online retailer from improperly using Apple’s APP STORE trademark, according to a court filing.

The lawsuit, filed in a California federal court late last week, said Amazon has improperly used Apple’s APP STORE mark to solicit software developers throughout the United States.

Apple has applied to register the APP STORE trademark in the United States, a bid which Microsoft opposes. The matter is currently before a trademark trial and appeals board, according to the lawsuit.

“We’ve asked Amazon not to copy the APP STORE name because it will confuse and mislead customers,” Apple spokeswoman Kristin Huguet said on Monday. did not immediately respond to a request for comment.

According to the lawsuit, Amazon is unlawfully using the APP STORE trademark in connection with what Amazon calls the “Amazon Appstore Developer Portal,” along with other instances like ads for a version of Angry Birds, the popular mobile game.

Apple has also asserted a claim of unfair competition, and is seeking to enjoin Amazon from using the APP STORE mark.

The case in U.S. District Court, Northern District of California is Apple Inc v. Inc, 11-1327.

Reporting by Dan Levine; Editing by Bernard Orr

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