Amazon.com has halted Appstore for Android software submissions from German developers as the online retail giant continues its fight with Apple (NASDAQ:AAPL) over use of the App Store trademark. "For the time being, we are not accepting new app submissions from developers located in Germany," reads an email Amazon sent to Appstore for Android developers. "We have been forced to impose this restriction due to a legal action filed by Apple in Germany seeking to prevent us from using the term 'appstore'. We believe Apple's claim is without merit and are actively contesting it." Amazon adds that it hopes to re-open the submission process in the near future, but said it cannot rule out implementing similar suspensions in other European nations depending on how the Apple suit evolves.
Apple filed suit against Amazon.com in March 2011, around the time the Appstore for Android first opened for business. Apple contends that the App Store brand is synonymous with its iOS mobile platform and alleges that the storefront's public profile faces significant damage by association with Amazon Appstore for Android, which provides fewer safeguards to protect consumers from malware and data security threats. Amazon responds that the words "App Store" are generic and claims Apple does not retain exclusive rights to them--in court filings, Amazon adds that Apple can't prove that consumers would confuse the two storefronts because Apple's sells applications optimized solely for the iPhone, iPad and other iOS-based devices.
In late June, U.S. District Judge Phyllis Hamilton said she "probably" will deny the Apple motion, citing the company's struggle to demonstrate "real evidence of actual confusion" among consumers. "I'm troubled by the showing that you've made so far, but that's where you're likely not to prevail at this early juncture," Hamilton said, adding she will review court filings before making a final decision.
Amazon Appstore for Android promises a user experience rooted in the company's e-commerce and marketing expertise, highlighted by a series of automated marketing features extending its signature product recommendation engine to mobile software merchandising, as well as a Bestsellers section to further improve consumer discovery. In addition, Amazon tests all apps before introducing them in the store, guaranteeing a positive user experience and protecting consumers from potentially harmful situations.
- read this Telegraph article
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