In 2011, Apple filed suit against Amazon.com alleging trademark infringement, unfair competition, dilution, and false advertising under the Lanham Act and related California state law over Amazon's use of the "App Store" phrase relating to Amazon's "Amazon Appstore Developer Portal" and Amazon's alleged other similar uses of the phrase.Apple Inc. v. Amazon.com Inc., 11-1327, U.S. Dist. Ct., N.D.Ca., filed March 18, 2011, amended November 16, 2011. Accessed 2023-2-21. In its complaint, Apple did not refer to "apps" as a common name, but described its applications store as a place consumers license "software programs or products"; Amazon countered in its answer that "app store" is a common phrase meaning a "place to buy apps".Pinguelo, Fernando M, and Hyman, Stacey A., Apple v. Amazon.com – The war for "App" Dominance Advances, Bloomberg Law Reports—Technology Law, Bloomberg Finance L.P., Vol. 3, No. 11, 2011, from Norris, McLaughlin & Marcus, P.A., nmmlaw.com. Accessed July 27, 2012. Reuters reported that Microsoft was opposing Apple's attempted registration of the phrase as a trademark and that part of the matter was before the Trademark Trial and Appeal Board (TTAB).Levine, Dan, Apple sues Amazon.com over APP STORE trademark , Reuters, reuters.com, March 22, 2011. Accessed 2012-7-22. Apple motioned the court for a preliminary injunction to bar Amazon from using the "App Store" name but, in July 2011, U.S. District Judge Phyllis Hamilton, presiding over Apple's case against Amazon, denied Apple's motion.Apple Inc v. Amazon.com Inc., Order Denying Motion For Preliminary Injunction, No. C 11-1327 PJH, July 6, 2011. Accessed July 27, 2012. In July 2012, the case was still in the discovery stage of litigation.Gold, Django, Apple Wants Amazon To Cough Up Docs In 'App Store' IP Row, Law360, law360.com, July 23, 2012. Accessed 2012-7-25.
