Apple and Amazon Ordered to Enter Settlement Talks Over 'App Store' Trademark Issue - Page 4

Renzatic · Jan 16, 2013, 11:51 AM

You all know that in about 4 pages we're all gonna have to post these pictures again, right?

...well, 3 pages now.

Sy7ygy · Jan 16, 2013, 11:52 AM

Quote:

Originally Posted by DipDog3

Sorry, but yes, "App Store" is generic. You can't trademark it.

It BECAME generic after Apple defined what an 'App' was & the introduction of the AppStore.

Let's not be silly here..

Renzatic · Jan 16, 2013, 11:53 AM

Quote:

Originally Posted by Sy7ygy

It BECAME generic after Apple defined what an 'App' was & the introduction of the AppStore.

Let's not be silly here..

See what I mean?

rmwebs · Jan 16, 2013, 11:54 AM

Quote:

Originally Posted by KnightWRX

And Application was in use before Apple even existed :

A book from the 60s!!

Haha love it!

I'd imagine the 60's is probably the earliest it was publicly used in computing, could be wrong tho! May have to do a book search :P

RiverCitySlim · Jan 16, 2013, 11:57 AM

What a bunch of crap. Apple probably spent many years and billions of dollars to invent the name App Store. They should totally own it.

KnightWRX · Jan 16, 2013, 11:58 AM

Quote:

Originally Posted by rmwebs

Haha love it!

I'd imagine the 60's is probably the earliest it was publicly used in computing, could be wrong tho! May have to do a book search :P

Wonder if the ENIAC came with a user manual we could dig through... kdarling ? (lol, not that I'm calling you old or anything).

----------

Quote:

Originally Posted by Renzatic

See what I mean?

You were definately wrong about the 4/3 pages count then :P We'll have to repost every picture on each page just to make sure! And even then, I say once every 2-3 posts because posters seem to even ignore posts 2 posts about the last.

samcraig · Jan 16, 2013, 11:58 AM

Quote:

Originally Posted by rmwebs

Haha love it!

I'd imagine the 60's is probably the earliest it was publicly used in computing, could be wrong tho! May have to do a book search :P

We all know that Steve Jobs and crew took Doc's time machine and went back in time and altered the space/time continuum. I bet if you were to check out that book at the library you would see in the front, "Special thanks to Steve Jobs and Apple for the use and inspiration for the word Applications"

ChazUK · Jan 16, 2013, 12:00 PM

Riddle me this people.

If one of these is an app store, what is the other?

Renzatic · Jan 16, 2013, 12:00 PM

Quote:

Originally Posted by KnightWRX

You were definately wrong about the 4/3 pages count then :P We'll have to repost every picture on each page just to make sure! And even then, I say once every 2-3 posts because posters seem to even ignore posts 2 posts about the last.

So much for me assuming people would read at least one page back. :P

Hold on, I'm gonna collect all the various pictures people have posted and put them all in one...like...MEGA PICTURE!

mrxak · Jan 16, 2013, 12:03 PM

I'm not sure I even want to wade into this argument. Some of you here seem to care way more than I do, on both sides of things.

I'll just say that I'm kind of annoyed Apple and Amazon are being forced into settlement talks. That's not how the justice system ought to work. If a person or company wants to go to court, they should be allowed to go to court and get things settled in front of a judge. Let these two go to court and fight it out. Set some precedent, don't have some back room deal nobody will ever know the details of. That's a recipe for a murky legal system.

Yeah, I get that the courts are overcrowded. Maybe if courts were willing to hear and rule quickly and more often, they'd be less overwhelmed. People would know sort of what to expect and maybe decide not to sue to begin with, or not to violate another person's trademarks, depending on the way things go. All these forced settlement talks seem to do is delay things, draw the process out, and when the two parties eventually do get to court, the forced settlement talks simply wasted even more of the court's time to have to order. Meanwhile the two parties have become more entrenched and pissed off at each other, so they pile more on for the actual court case.

I mean, does anyone here really think Apple and Amazon will actually settle? Did Apple and Samsung? Why does the judge think it's possible?

pacalis · Jan 16, 2013, 12:04 PM

Quote:

Originally Posted by Stella

Go to court - get the question of 'App Store' trademark over and done with. If Apple loses the "App Store" trademark case, then there's nothing to settle.

The word 'App' has been around far longer than the iPhone. Apple didn't invent the term "App". But I don't think this is particularly relevant to the trademark of App Store.

There are two really bizarre things about this story (aka stupid judges).

1. There's nothing to settle. Any settlement would require an acceptance by Amazon that the trademark is valid. So this order is implicitly favoring Apple's position.

2. Trademarks don't behave like patents. Trademarks can be eroded through common use (regardless of priority). There are also fair use claims (i.e. the trademark is descriptive so use of the trademark impinges free speech).

This seems like an incredibly simple legal issue. The trademark is functional. It is not original. And it is in common use. Anyone of those has historically been a lethal strike against trademark claims and yet here we go again.

Michael Scrip · Jan 16, 2013, 12:04 PM

Quote:

Originally Posted by ChazUK

Riddle me this people.
Image

If one of these is an app store, what is the other?

One of them is named "App Store" and the other is named "Appstore"

Me thinks they both could have come up with better names...

Apple Key · Jan 16, 2013, 12:06 PM

Quote:

Originally Posted by Michael Scrip

One of them is named "App Store" and the other is named "Appstore"

Me thinks they both could have come up with better names...

I'm sure they could have come up with better names. But Apple could not have called theirs the Apple Store. Then they would be confusing their own customers.

GenesisST · Jan 16, 2013, 12:08 PM

Quote:

Originally Posted by Apple Key

I stand corrected.

I do still believe that Apple popularized the term "App" - the shortened version of the word. And, the trademark for "App Store" is something that Apple should be entitled to the trademark for.

Developers have used the word App for a long time... We are a lazy bunch and Application is just too ****ing long to say!

Michael Scrip · Jan 16, 2013, 12:09 PM

Quote:

Originally Posted by Apple Key

I'm sure they could have come up with better names. But Apple could not have called theirs the Apple Store. Then they would be confusing their own customers.

Like I said earlier... the other guys thought of different names:

App World
App Catalog

or

Market
Marketplace

There are lots of options...

Amazon App Hub anyone?

Apple Key · Jan 16, 2013, 12:09 PM

Quote:

Originally Posted by samcraig

Ok - let's go with App Store (not App) as being trademarked by Apple. Explain to me the damages of said "confusion."

Just curious. I have no problem with Apple trying to trademark App Store. I just believe that it's not a trademarkable phrase.

One example, is where someone sees a commercial on TV and tries to go to the App Store and download the app, but they are really going to the Amazon AppStore and aren't able to find the app they are looking for. Apple is losing money because the customer is not purchasing the application.

I am no trademark expert, but if it certainly were not able to be trademarked, would it be listed on Apple's page listing their trademarks?

http://www.apple.com/legal/trademark/appletmlist.html

Renzatic · Jan 16, 2013, 12:09 PM

Quote:

Originally Posted by Michael Scrip

One of them is named "App Store" and the other is named "Appstore"

Me thinks they both could have come up with better names...

Officially, I think they're called the iTunes App Store in Apple's case, and the Amazon Appstore in...yeah.

Personally, I would've gone with Fantastic Amazing Program Online Internet Megamart. FAPOIM for short.

Michael Scrip · Jan 16, 2013, 12:11 PM

Quote:

Originally Posted by Renzatic

Officially, I think they're called the iTunes App Store in Apple's case, and the Amazon Appstore in...yeah.

Personally, I would've gone with Fantastic Amazing Program Online Internet Megamart. FAPOIM for short.

Anything with "fap" gets the greenlight from me!

samcraig · Jan 16, 2013, 12:13 PM

Quote:

Originally Posted by Apple Key

One example, is where someone sees a commercial on TV and tries to go to the App Store and download the app, but they are really going to the Amazon AppStore and aren't able to find the app they are looking for. Apple is losing money because the customer is not purchasing the application.

I am no trademark expert, but if it certainly were not able to be trademarked, would it be listed on Apple's page listing their trademarks?

http://www.apple.com/legal/trademark/appletmlist.html

It is trademarked. But it's being challenged. Did you read ANYthing about the suit?

You have very little faith in people who own iPhones/idevices that they would a) go to Amazon's website after seeing an ad for an App on the iPhone. That would be the only scenario, right? Because if you go to the appstore on an idevice - it can ONLY take you to Apple's.

AZREOSpecialist · Jan 16, 2013, 12:14 PM

Quote:

Originally Posted by samcraig

Well you're wrong on several points. See other thread...

Who used the term "app store" before Apple?

Michael Scrip · Jan 16, 2013, 12:14 PM

Quote:

Originally Posted by Apple Key

I am no trademark expert, but if it certainly were not able to be trademarked, would it be listed on Apple's page listing their trademarks?

http://www.apple.com/legal/trademark/appletmlist.html

The issue is that Apple should not have been granted the trademark for "App Store" in the first place.

AZREOSpecialist · Jan 16, 2013, 12:15 PM

Quote:

Originally Posted by samcraig

It is trademarked. But it's being challenged. Did you read ANYthing about the suit?

You have very little faith in people who own iPhones/idevices that they would a) go to Amazon's website after seeing an ad for an App on the iPhone. That would be the only scenario, right? Because if you go to the appstore on an idevice - it can ONLY take you to Apple's.

You're presuming everyone has the same level of knowledge that you do. You'd be surprised by the stupidity of many consumers. I still run into people every day who don't understand that Macs can't run Windows software natively. There are millions of them out there.

Apple Key · Jan 16, 2013, 12:15 PM

Quote:

Originally Posted by GenesisST

Developers have used the word App for a long time... We are a lazy bunch and Application is just too ****ing long to say!

The suit applies to the general public. There probably isn't a developer on the planet that doesn't know the difference between Apple's App Store and the Amazon AppStore.

Muscle Master · Jan 16, 2013, 12:16 PM

Apple just need to quit

samcraig · Jan 16, 2013, 12:16 PM

Quote:

Originally Posted by AZREOSpecialist

Who used the term "app store" before Apple?

One page back in this thread. ONE.

Jan 16, 2013, 12:00 PM	#83
ChazUK macrumors 601 Join Date: Feb 2008 Location: Essex (UK)	Riddle me this people. If one of these is an app store, what is the other? __________________ Media Player: 5th Gen iPod Touch 32GB Phones: LG Nexus 4 16GB \| Apple iPhone 4 8GB \| Nokia Lumia 620 Tablets: Apple iPad2 3G 16GB \| Apple iPad Mini 16GB \| Archos 80 Titanium 8GB
	0

Jan 16, 2013, 12:03 PM	#85
mrxak macrumors 6502a Join Date: Apr 2004 Location: Drifting through space in a broken escape pod	I'm not sure I even want to wade into this argument. Some of you here seem to care way more than I do, on both sides of things. I'll just say that I'm kind of annoyed Apple and Amazon are being forced into settlement talks. That's not how the justice system ought to work. If a person or company wants to go to court, they should be allowed to go to court and get things settled in front of a judge. Let these two go to court and fight it out. Set some precedent, don't have some back room deal nobody will ever know the details of. That's a recipe for a murky legal system. Yeah, I get that the courts are overcrowded. Maybe if courts were willing to hear and rule quickly and more often, they'd be less overwhelmed. People would know sort of what to expect and maybe decide not to sue to begin with, or not to violate another person's trademarks, depending on the way things go. All these forced settlement talks seem to do is delay things, draw the process out, and when the two parties eventually do get to court, the forced settlement talks simply wasted even more of the court's time to have to order. Meanwhile the two parties have become more entrenched and pissed off at each other, so they pile more on for the actual court case. I mean, does anyone here really think Apple and Amazon will actually settle? Did Apple and Samsung? Why does the judge think it's possible? __________________ Phones Will Kill You
	2

Jan 16, 2013, 12:16 PM	#99
Muscle Master macrumors 6502 Join Date: Oct 2010 Location: Philadelphia	Apple just need to quit __________________ Apple Macbook Pro Retina '13 (Late 2012) OS X Mountain Lion / Intel Core i5-3210M @ 3.1GHz / 8GB DDR3 1600MHz / Retina Display @ 2560x1600 / 128GB Solid State Drive \| Black iPhone 5 16GB
	0

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Jan 16, 2013, 11:51 AM	#76
Renzatic macrumors 601 Join Date: Aug 2011 Location: Android Fone Spy	You all know that in about 4 pages we're all gonna have to post these pictures again, right? ...well, 3 pages now.
	2

Jan 16, 2013, 11:57 AM	#80
RiverCitySlim macrumors member Join Date: Jul 2011	What a bunch of crap. Apple probably spent many years and billions of dollars to invent the name App Store. They should totally own it.
	0