Lame
1. Pet Store was trademarked in one form or another.
2. Trying to argue that "App" was as much part of the lexicon as "pet" is ridiculous.
Objection overruled.
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Amazon Responds to Apple's Trademark Lawsuit Over 'App Store'
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Lame
1. Pet Store was trademarked in one form or another.
2. Trying to argue that "App" was as much part of the lexicon as "pet" is ridiculous.
Objection overruled.
Apple doesn't have the trademark yet.
It's still in the opposition phase.
There you go. They'll sort it out in court.
Matts Macintosh describes 1984 Mac System 1 comes with dash-board like widgets. Video:
http://obamapacman.com/2011/04/1984-mac-os-system-1-gui-apps-video/
Windows and Amazon are not a generic names. If Microsoft would have named it "Operating System" then that would be generic. If Amazon were named "Online Store" then that would be generic. I'm sure Amazon could have named App Store something else, but then again, it's such a known term now that instantly helps customers identify what they are looking at.
I like Apple products, but they're beginning to be one of the most anal companies out there.
I like Apple products, but they're beginning to be one of the most anal companies out there.
Therefore, Apple should have done one-click instead of 1-click to avoid licensing issues:
http://en.wikipedia.org/wiki/1-Click
Apple should get an injunction against App Store knockoffs.
I am not sure if you know, but there are differences between trademark law and patent law. In this case, the one you cited (which I studied), Amazon was protecting its system or process by which they achieved a 1-click process. This is a clear cut patent infringement.
However, the current article deals with a trademark issue, which is different from patent law. In this instance, we are dealing with generic terms (App Store) and Apple cannot trademark that. As another member said, Apple does not have a trademark in App Store
1. Look, the form in which it was trademarked matters. Otherwise, there would only be 1 type of mark. You can overrule it all you want, in the end you were wrong.
2. App is as much a part of the lexicon as pet. I know I've been using it for more than a decade.
Many X windows WMs had widgets back in the mid 90s, maybe earlier. It's so funny to see people think that companies invented this or that and you just have to look back to unix/linux to find the real origins of the idea.
App is a generic.
Store is a generic.
Appstore is a generic.
Simple.
Example: Grocery Store, Book Store, Appliance Store.
Store is a generic.
Appstore is a generic.
Simple.
Example: Grocery Store, Book Store, Appliance Store.
Guys, every trademark is made up of generic words. That's not what people mean when they say App Store is generic. What they actually mean is it is descriptive.
Let's say I open a shoe store. 2 Trademarks :
1- Shoe Box
Both very generic words, same as everyone who argues "Windows! Amazon! Word! it's all generic!" say. However, I'm not trademarking an actual box that contains shoes. I'm trademarking a name for a store. The shoes don't even have to come in boxes.
2- Shoe Store
This one is descriptive. I'm opening a shoe store, I'm deciding to call it Shoe Store. So now, Yellow can't say "Yellow, the best shoe store around!" because that infringes on my mark. That's what people take exception with here. The mark seems descriptive and thus shouldn't be trademarkable. Apple themselves often refer to it in this descriptive nature in their financials and keynotes.
apple created a storefront they called "app store"
amazon creates a store front that does the same t hing called the "appstore"
apple wins in this situation.
amazon creates a store front that does the same t hing called the "appstore"
apple wins in this situation.
Thanks for the video Consultant. Looks like my computing knowledge doesn't span back far enough. Are there any more videos or links that discuss the history of widgets at all?
My quick bit of searching has bought me to http://en.wikipedia.org/wiki/Desk_accessories and http://en.wikipedia.org/wiki/Widget_engine which implies that Apple may have been the precursor to modern desktop widgets.
Interesting stuff.
Every company should give up all their trademarks. I must say, Apple brought the name "AppStore" to fame and obviously others try to catch some of the 'good name' that comes along with it .... but than, I just looked on dictionary.com (in the hope to sort of proof that App is not a real world) but it has an entry in there and I recommend everyone to check it out:
http://dictionary.reference.com/browse/app : "computerese shorthand for application, attested by 1992."
so bottom line: yes others try to ride on the name recognition that apple has created for it (because before that, nobody had any 'good' associations with the name) - but unfortunately they choose a not very specific name for it.
So while it is in my opinion a poor move by Amazon and others admitting that they havent anything good otherwise to offer and need to ride on the success of Apple - it does not seem to be illegal.
http://dictionary.reference.com/browse/app : "computerese shorthand for application, attested by 1992."
so bottom line: yes others try to ride on the name recognition that apple has created for it (because before that, nobody had any 'good' associations with the name) - but unfortunately they choose a not very specific name for it.
So while it is in my opinion a poor move by Amazon and others admitting that they havent anything good otherwise to offer and need to ride on the success of Apple - it does not seem to be illegal.
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Speaking for the common man (i'm not all techy like a lot of posters here)
I never heard or used the word "App" until apple started using it. I think Apple did such a good job with it it became universal almost.
Now the term "program" I understand. Computer Programs and Apps are the same thing.
One is catchy and has a "buzz" word nature to it the other sounds like something i'd want to avoid.
Hey man download that Computer Program Angry Birds to your phone.
Hey Man get that Angry Birds app.
I never heard or used the word "App" until apple started using it. I think Apple did such a good job with it it became universal almost.
Now the term "program" I understand. Computer Programs and Apps are the same thing.
One is catchy and has a "buzz" word nature to it the other sounds like something i'd want to avoid.
Hey man download that Computer Program Angry Birds to your phone.
Hey Man get that Angry Birds app.
i think the word app store in it self is generic, mainly since app is just short for application which is just another word for a program. but then again most people didn't use the word app or even applications widely enough until apple started using it, and instead used the more generic 'program'.
The only trademark apple is entitled to should be iAppstore especially since they chose to call their book store iBookstore instead of just 'Book Store'
Everyone should just blame Microsoft for having a "Add or Remove Programs" instead of a "Add or Remove Applications" in their control panel.
that way applications or apps would have been a more generic term.
The only trademark apple is entitled to should be iAppstore especially since they chose to call their book store iBookstore instead of just 'Book Store'
Everyone should just blame Microsoft for having a "Add or Remove Programs" instead of a "Add or Remove Applications" in their control panel.
that way applications or apps would have been a more generic term.
Also i've never had a Mac.
Does apple use the term "applications" for their software as opposed to "programs" like windows.
If that is the case all Apple is doing is shortening their Mac name Applications to App. Everyone else is just copying them.
Everyone else can call them programs and lets call it a day.
Does apple use the term "applications" for their software as opposed to "programs" like windows.
If that is the case all Apple is doing is shortening their Mac name Applications to App. Everyone else is just copying them.
Everyone else can call them programs and lets call it a day.
Interesting video, although being able to open a calculator seems to be a generous definition of widget.
Try hundreds of millions, or billions.
DOS and Windows 3 have used "app" as an abbreviation since before you were born.
ding ding ding. I agree.
The store is called the App Store. You can't copy someones store name.
I can't call my store Target or Walmart. The names are already taken and famous. It's like cyber squatting on Madonna.com. you can't b/c madonna is already mega famous. She could just take it from you.
McDonalds can't sue Burger King for the name b/c they are way different but sell similar products.
If Burger Kind called their Store Mcdonalds but put in a lowercase D now I think McDonalds would and should sue the crap out of them.
Reminds me of coming to america. they've got the Big Mac, We've got the big Mic.
Microsoft has used both programs and application for decades.
The point that has been brought forth to the USPTO is that Apple has no right to an exclusive mark on App Store because of its descriptive and generic nature. This is not like the examples you cite, the problem is not that Apple has a shoe store they want to call Yellow, it's that they have a shoe store they want to call shoe store.
Try again what ? It's not a word mark, it's a typed drawing, meaning you could trademark Pet Store too if it is a different drawing all together (different font, different shape, different color).
It's basically a logo trademark, like let's say :
Your point is that you cannot find such a trademark as "app store" in the standard character format because "app store" is too general right? The other person posted that "pet store" would be a ridiculous example of this.
Ok fair enough. Pet store was registered in the stylized or design format.
But your basic argument against Apple is that they cannot use app store as a trademark in the broader text format because it is too general. But this is not the only example of such a thing.
If this is the case then Apple Store will be thrown out too. It is the same type of trademark. Two words, not one and not preceded by "the".
App Store
Apple Store
The other argument is that "app" is too generic and that the term was around prior to the trademark. I do not believe this is valid either as "app" may have existed but was not widely used. The argument would have been used agains the prior trademark of "appstore" in that case.
One thing is for sure. Our opinions will have no bearing on the final outcome.
You define the lexicon of the overall society?
That is the problem defined by people who object to Apple's trademark. It has not been decided whether Apple's trademark should be invalidated based on this opinion yet.
Is the Apple Store a store that sells Apple ? No. It's then not descriptive. Does someone in the business of selling Apples can say their "Lakeshore Apple Store" is an "Apple Store" since they do sell apples ? Yes, because trademarks are limited in the scope. Apple's trademark on "Apple Store" would only apply in a computer/software business sense, not to the larger sense of every other business/economic field.
Just like I could then open a shoe store and call it "Apple Store". Though that wouldn't make much sense, but whatever...
We've been over the whole App thing in the other threads, with many people finding references to App as far back as the 80s. Want to go through it again ? It has been part of the lexicon for quite a while, ever since Application has been around, it has basically been shortened to app.