Apple is embroiled in further action regarding its US trademark for the term ‘App Store,’ with the company sending independent vendor GetJar a ‘cease-and-desist’ letter. The move comes as Apple has been told it will need to go to court to prevent Amazon using the ‘App Store’ name after a US judge ruled-out granting the iPhone-maker an instant injunction against the online retail giant using the moniker.
The GetJar development sees Apple’s laywers request that GetJar stop using ‘App Store’ on its website and elsewhere, and refrain from using the term in the future. According to The Wall Street Journal, the lawyers suggested that the company instead use the terms ‘mobile download service’ or ‘application download service’.
GetJar CEO Ilja Laurs said in a statement that the company plans to continue to use ‘App Store’ to describe the company’s business, indicating an intention to fight back. “GetJar has been in the business of offering apps to consumers since 2005, well before Apple, and helped to pioneer the model that the general public understands as an app store today,” said Mr. Laurs in a statement. “We have built a strong, global and growing business around this model, and plan to continue to use the phrase ‘app store’ to describe what we do. This move by Apple is yet more proof that the company tends to act as if it is above the law, and even as one of the smaller players in the space, we won’t be bullied by Apple.”
Last week, Apple suffered a setback in its case against Amazon when a federal judge denied its request for a preliminary injunction to stop Amazon from using the name. The judge said that Apple “has not established a likelihood of success” that Amazon’s use of the term had diluted Apple’s App Store brand. The case is set to go to trial in October. Microsoft is also challenging the trademark.
Apple has argued that consumers have come to identify the term ‘App Store’ with its own retail channel for iOS apps, stating that it has spent heavily promoting it since its launch. In addition to the US actions, a number of filings have also been made to the European regulators complaining about Apple’s trademark claims.