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Apple Continues Sending Cease and Desist Letters Regarding 'App Store' Usage

gorgeousninja

gorgeousninja

macrumors 6502
Mar 27, 2007
360
0
secret mountain retreat
ri0ku said:
Plus I am pretty sure people have used it before Apple...
Click to expand...

Yes that is the required standard reply for anyone that doesn't want Apple to win....
it's not true, but facts aren't things some people take much notice of.

There was no 'app store' before Apple termed the idea, but Amazon et al are banking on the fact that if enough competitors use the term it will be deemed 'generic' hence why Apple are going after anyone using that label..

.if they didn't they are tacitly admitting that it has become generic.

It really isn't that hard, it's basic business, try and hold on to what makes you the market leader.
The fact that some judge, who really ought to know better, is letting Amazon steal the idea doesn't make it any less of a case of blatant copying.
It was lazy and devious of them and they should be forced to desist.
 
J

JangoFett124

macrumors regular
Jul 16, 2002
176
15
rorschach said:
No. Way to read.

"Microsoft Windows" is a windowed operating system. As in, it uses a windows-based user interface. So windows is indeed a generic term in the same market as Microsoft Windows.

"App Store" is not a generic term.
Click to expand...

Microsoft Windows is an operating system that happens to have user interface elements called windows. You have to jump through a lot of hoops to say Windows is a generic term when talking about operating systems.

App Store is a store for apps (common abbreviation of applications). That is way, way more generic use of a term.
 
KnightWRX

KnightWRX

macrumors Pentium
Jan 28, 2009
15,046
4
Quebec, Canada
gorgeousninja said:
it's not true, but facts aren't things some people take much notice of.

There was no 'app store' before Apple termed the idea
Click to expand...

Yes, there was :

Word Mark APPSTORE
Goods and Services (ABANDONED) IC 042. US 100 101. G & S: providing computer software application hosting services by means of a global computer information network, where such services allow multiple users to rent software applications developed by applicant or third parties
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75542841
Filing Date August 26, 1998
Current Filing Basis 1B
Original Filing Basis 1B
Published for Opposition February 29, 2000
Owner (APPLICANT) SAGE NETWORKS, INC. CORPORATION BY ASSIGNMENT DELAWARE 215 FIRST STREET CAMBRIDGE MASSACHUSETTS 02142
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record John P. Courtney
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date November 24, 2000
Click to expand...

But let's not let the facts get in the way of your Apple defense. ;)
 
A

admanimal

macrumors 68040
Apr 22, 2005
3,531
2
TheMacBookPro said:
If Apple seriously thinks that their customers will be confused and mistake this:

[url=http://img857.imageshack.us/img857/9823/capturfiles.jpg]Image[/URL]

for their iOS/Mac App Store... well that's just a bit insulting now isn't it?
Just tells you what they think their customers are like. Hmph.

Poor decision to go after these little startups and nobodies. What is the 'PC App Store' going to do, steal Apple's business?

and it's not like Apple hasn't copied other companies' innovations :rolleyes:
Click to expand...

It doesn't matter how petty it appears. If Apple wants to seriously defend what they believe is their trademark, they have to prevent people from using it. It's just how the system works. It has nothing to do with whether they seriously believe that people will confuse things or not. You can argue over whether Apple should be able to trademark "App Store" but given that is what they want to do, this is how they have to approach it.
 
BJMRamage

BJMRamage

macrumors 68030
Oct 2, 2007
2,713
1,233
I can easily see confusion here.

When I heard of Amazon's App Store I thought they began selling iPhone Apps and thought odd Apple was cool with this….they don't sell them.

Likewise, I can see a consumer who is not a super techy go into a store and here this "x" brand phone has an appstore you can buy apps on and think, my "friend/son/daughter/brother/sister/etc" loves their iPhone, this phone looks good enough and I can share that same experience.

Amazon is purposely hoping to build on that confusion.
 
bushido

bushido

Suspended
Mar 26, 2008
8,070
2,755
Germany
they say "now on the APPLE app store" on tv commercials here tho, so it's not rly just their own is it
 
D

dethmaShine

macrumors 68000
Apr 13, 2010
1,697
0
Into the lungs of Hell
KnightWRX said:
Yes, there was :



But let's not let the facts get in the way of your Apple defense. ;)
Click to expand...

Oh yes! But that trademark was abandoned in the year 2000 A.D.
And that was 11 years back.

I don't see how that company made good use of the trademark and popularized 'App Store' for their services.

Nobody is saying that Apple invented the app store or coined the term 'App Store'. They made it worthwhile so other companies could get butt-hurt and start renaming their app stores on the same name.

Still, you would post the same thing in another thread without even following up with the posts. Good work.
 
T

Thomas2006

macrumors 6502
Sep 2, 2006
254
16
dagamer34 said:
Apple did not trademark the word "App" like Microsoft trademarked the word "Windows", and even still trademarks are not copyrights in that it only applies in a very specific instance. Even in the computer realm, the word "windows" is used to refer to a rectangular area of a screen which an application presents to you for an interface, and not an operating system name. It's all about specific instances...

And as you can see in post #2, even Apple's own CEO is using it in generic terms. That's pretty much the final nail in the coffin right there.
Click to expand...
What is Steve's fixation with Apple being the only business to use "App Store" to indicate where apps are located? I do not recall there being a problem when everyone used "Downloads" to indicate where their apps are located. I do not own an iOS device so correct me if I am wrong, but you can only access Apple's App Store through iTunes (notebooks/desktops) and a button on iOS devices (iPhone, iPod touch, iPad).
 
A

aperry

macrumors 6502a
Jul 12, 2008
600
33
BJMRamage said:
I can easily see confusion here.

When I heard of Amazon's App Store I thought they began selling iPhone Apps and thought odd Apple was cool with this….they don't sell them.

Likewise, I can see a consumer who is not a super techy go into a store and here this "x" brand phone has an appstore you can buy apps on and think, my "friend/son/daughter/brother/sister/etc" loves their iPhone, this phone looks good enough and I can share that same experience.

Amazon is purposely hoping to build on that confusion.
Click to expand...

If it's so easy for you to see the confusion, then I wonder why Apple's trove of lawyers is having such a hard time demonstrating it to the judge.

I think this is ridiculous. I should not be able to trademark the name "Fruit Store" for my store that sells fruit. And no, "Windows" is a failed analogy for all of the reasons already stated in this thread.
 
B

BeePotato

macrumors newbie
Jul 23, 2002
3
0
France
Instead of launching a contest, why don’t those people at Amahi just use the real generic term: "application store"?
 
Duke15

Duke15

macrumors 6502
May 18, 2011
332
0
Canada
This is just apple being a bully, they've got the money to back up lawyers and make these rediculous actions. Does apple really think we are that dumb and ignorant that we would mistake these for apple's "app store". Shows who the ignorant one really is.Its amazing that this can even be brought to court in the first place.
 
Duke15

Duke15

macrumors 6502
May 18, 2011
332
0
Canada
BeePotato said:
Instead of launching a contest, why don’t those people at Amahi just use the real generic term: "application store"?
Click to expand...

I think that would be good, but probably not catchy enough, plus apple would probably try and get them for that as well
 
rorschach

rorschach

macrumors 68020
Jul 27, 2003
2,272
1,856
KnightWRX said:
Yes, there was :

But let's not let the facts get in the way of your Apple defense. ;)
Click to expand...

Thanks for proving Apple's case: "App Store" clearly CAN be trademarked, since you just quoted a trademark filing from the USPTO. The mark was abandoned, and now Apple has claimed it because they are actually using it.
 
M

Macmel

macrumors 6502
Feb 7, 2008
310
0
callme said:
How generic are:

Windows or Internet Explorer?

Perhaps they should be removed from MS at the same time?
Click to expand...

They would be generic if they were referring to actual windows of an actual explorer. As they are not, they can be trademarked as non-descriptive names. App store is exactly the description of what they try to trademark. It is like you start building cars and call them CAR instead of Ford and pretend that nobody else call a thing with 4 wheels that is used for transportation a car.
 
chadley_chad

chadley_chad

macrumors 6502
Apr 19, 2004
311
0
Nottingham, UK
Roller coasters also go down!!!!!

Sadly, Apple has become the new Microsoft (for those of us old enough to remember why that is!)

Careful Apple, Rome wasn't built in a day; but it sure fell fast enough!!!!

:apple::mad:
 
T

tCruzin4lyfe

macrumors regular
Jun 23, 2010
132
0
GET'EM Apple!!! Like said, when you think of "App Store" you think of apple, iPhone, iTunes, iPad. When I see other companies using "app store" I automatically think of apple. Now of course I know the difference but still, it definitely crosses my mind. And to the person who said sarcastically Apple should try to trademark "download"... STUPID! not even going to break that down.
 
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