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Amazon Responds to Apple's Trademark Lawsuit Over 'App Store'

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Just over a month ago, Apple filed a trademark lawsuit against Amazon over the company's use of the term "Appstore" for its own Android application marketplace. According to the suit, Apple is seeking an injunction to prevent Amazon from using the name, which Apple believes infringes upon its own "App Store" mark.

GeekWire reports that Amazon has now filed an official response (PDF) to Apple's suit, calling the claim baseless and asserting the generic nature of term.
The Seattle-based online retailer asked a federal judge in San Francisco to throw out Apple's trademark suit, calling the phrase "app store" generic and not something that Apple can claim for its exclusive use. Amazon's filing echoed Microsoft's arguments in a separate dispute at the U.S. Patent & Trademark Office opposing Apple's attempt to register the trademark.
Click to expand...
Using a similar tactic to that employed by Microsoft in its attempts to have Apple's "App Store" trademark application denied, Amazon has cited comments by Apple CEO Steve Jobs in which he refers to app stores in the generic sense rather than specifically in relation to Apple's marketplace.

Amazon has also filed a counterclaim seeking dismissal of Apple's suit, a declaratory judgment that use of the term "app store" does not infringe upon Apple's trademark rights, and reimbursement of attorney's fees and other costs.

Apple has asked that the courts address the trademark lawsuit on an accelerated timetable in order to head off the rapidly increasing number of entities using "App Store" and related terms, but the court has yet to issue a decision regarding that request.

Article Link: Amazon Responds to Apple's Trademark Lawsuit Over 'App Store'
 
Article Link
https://www.macrumors.com/2011/04/26/amazon-responds-to-apples-trademark-lawsuit-over-app-store/
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StuddedLeather

macrumors 6502a
Apr 20, 2009
941
100
Brooklyn, NYC
Yes Amazon jump on the "it's generic" bandwagon. :rolleyes:

Please lets just keep this thread about the response and not "But how is it generic. . ." "Apple didn't create App. . ." "Well Amazon is right it's generic. . ."

I don't think it's generic that's my opinion and I'm sticking to it. I'm moving on.
 
A

Aeolius

macrumors 6502a
Jul 25, 2002
932
70
How long until Apple releases a product called "Amazon", then? Named after the river, of course.
 
ten-oak-druid

ten-oak-druid

macrumors 68000
Jan 11, 2010
1,980
0
I'm ambivalent on this issue. I think its just one of those things the experts at trademark law will have to iron out in or out of court. It certainly isn't as big an issue as Samsung's dishonorable blatant copy of the overall ipad design and experience.

As for Amazons names, I find the Kindle to be a strange name for an Amazon product. Burn the rain forest? That said, I opted for the kindle wifi for my tablet. I have an iphone and the kindle gives me the better reading experience for less cost. The iphone/kindle wifi combination is perfect for me. The ipad would have just been a duplication of the iphone on a larger scale for just about everything. Not that I'm knocking the ipad. I like it a lot.

The kindle app on the iphone is nice for night reading too. Another benefit of the iphone/kindle combination for me: night and day reading between the two devices.
 
E

ericinboston

macrumors 68020
Jan 13, 2008
2,005
476
Consultant said:
"Amazon" is a generic term and should not be used for a store name.
Click to expand...

Amazon is not a generic term. It is, however, the name of a single river on planet Earth...among a few other names/uses ("the Amazon", "Amazon basin", "Amazon Women").

Where else have you seen/heard the term Amazon in a generic sense? Some examples of a generic term are (at least have been generic over the past 75+ years):

light bulb
door
wood
lock
 
B

Bigdaddyguido

macrumors regular
Apr 3, 2008
113
0
Wirelessly posted (Iphone: Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_1 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8G4 Safari/6533.18.5)

How can it be generic if no one had one before apple created there's? Suddenly everyone calls their market place an app store. There've been digital stores for years, and none were app stores.
 
bassfingers

bassfingers

macrumors 6502
Nov 15, 2010
410
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Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_2 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8H7 Safari/6533.18.5)

Here we go again

"what about windows being generic?!"
-well Microsoft isn't actually selling window panes

"app store is generic"
-if it were 'mobile software store' or 'application store', it would definitely be generic, but 'app store' is arguable

"this is stupid, apple being such a girl"
-they've built a name with 'app store', and it would be to the competitions advantage to use it. Otherwise, they would just use something else.

"apple didn't invent the word app"
-well they made it popular

"nuh-uh, I've been using app, since blah blah..."
-congratulations (but we're talking about millions, not 1 and a few friends)
 
baryon

baryon

macrumors 68040
Oct 3, 2009
3,878
2,929
I don't even think the word "App" is really officially a word. As for generic terms, everyone uses generic terms to describe their company's products and brand names, as that's the only way you can allow people to make a link between something they already know, and the product.

"Apple" is also generic, yet everyone agrees that it's fairly reserved for Apple inc. So are many other names that companies patent to avoid others using it.
 
gnasher729

gnasher729

Suspended
Nov 25, 2005
17,980
5,565
iTravis said:
Yes Amazon jump on the "it's generic" bandwagon. :rolleyes:

Please lets just keep this thread about the response and not "But how is it generic. . ." "Apple didn't create App. . ." "Well Amazon is right it's generic. . ."

I don't think it's generic that's my opinion and I'm sticking to it. I'm moving on.
Click to expand...

Amazon's problem is that Apple actually has a valid trademark. Microsoft did the right thing: They probably want to use the trademarked term, so they sued Apple to get the trademark invalidated _before_ using it. There is no legal risk for Microsoft there; worst case they lose the court case and have to pay their lawyers and go home, that's it. Amazon did the wrong thing: They just used the trademarked term. They continue using it throughout this lawsuit apparently. So if Amazon loses, this could be very, very expensive for them.

Amazon did something similar with their cloud-based streaming service, which they started without permission of the record companies. Which means they are ahead of Apple and Google, but they are being sued now, and if anything sticks, this could be very, very expensive. Much more expensive than using "App Store" without Apple's permission.
 
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kerryb

macrumors regular
Sep 14, 2003
139
0
Apple App store

toddybody said:
Wheres FullOfWin when you need him?

Apple deserves some crap for all their ill-efforts to trademark "App Store". Next thing you know, Apple might sue the National Zoo for using the term Lion at an exhibit :rolleyes:
Click to expand...

I have to say I never heard of an "App Store" before Apple started one. Was there another before then?

When I open windows in my home an I running a PC?
 
BJonson

BJonson

macrumors 6502a
Aug 26, 2010
866
147
trademarking app store. How pompous. What's next, trademarking computer store, book store, pet store? LOL.
 
K

kerryb

macrumors regular
Sep 14, 2003
139
0
e

baryon said:
I don't even think the word "App" is really officially a word. As for generic terms, everyone uses generic terms to describe their company's products and brand names, as that's the only way you can allow people to make a link between something they already know, and the product.

"Apple" is also generic, yet everyone agrees that it's fairly reserved for Apple inc. So are many other names that companies patent to avoid others using it.
Click to expand...

App is not an official word but "ape" as in "he aped my every move" is.
 
ChazUK

ChazUK

macrumors 603
Feb 3, 2008
5,393
25
Essex (UK)
Rovio's generic use of the word "App Store(s)" made me think about this issue when I watched the trailer with my daughter the other day.

If Apple retain the trademark, I wonder what they'll do to stop people and companies using it in this way?
 

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BC2009

BC2009

macrumors 68020
Jul 1, 2009
2,237
1,393
First the Verizon iPhone rumors come to fruition. Now comes the long-awaited White iPhone 4......

Now we can all start rumors about if and when "App Store" will become a trademark. Personally, I think Apple should get the trademark given precedents out there, but if they don't, I really don't care. After a decision is rendered in this case it will be old news in 48 hours and nobody will care.

What strikes me is how clear it is that Apple is leading the way and trying to fend off so many folks who are trying to mimic and dilute their brand or copy their every move. Everybody wants to ride the wave that is Apple's success.

Personally, I applaud Microsoft a bit here. Sure they have copied Mac OS X elements in Windows for years, but Windows Phone has its own unique user interface and Kinect is an extremely innovative accomplishment. Would be nice if more companies were innovating and making cool stuff for us to buy, rather than just trying to copy Apple. I'm so tired of Google's "let's make it close enough to iOS and claim it runs Flash and is 'open'" strategy and Samsung's "let's just make it look like an Apple device" strategy.
 
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