Actually "windows OS" was a generic term to describe GUI OS - that is an OS that uses windows on a desktop for organization and simplicity. Yes, Microsoft Windows has nothing to do with window panes but in this case, they did trademark a generic term with the exact same meaning.
Got a tip for us?
Let us know
Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
Amazon Responds to Apple's Trademark Lawsuit Over 'App Store'
- Thread starter MacRumors
- Start date
- Sort by reaction score
Actually "windows OS" was a generic term to describe GUI OS - that is an OS that uses windows on a desktop for organization and simplicity. Yes, Microsoft Windows has nothing to do with window panes but in this case, they did trademark a generic term with the exact same meaning.
Pet Store, the trademark, was not a word mark but a Typed Drawing mark. Hence it's the logo itself that was trademarked, not the phrase.
Try again.
Anyway, didn't Apple again use "We have the largest App Store" in their financials just last week, implying other "App Stores" weren't as large but that the term App Store is quite descriptive and generic ?
Too bad for them they keep diluting their own trademark. Anyway, until the USPTO is done with their opposition phase, it's not decided yet.
Only if it's Apple being sued. Remember, when Apple sues, they are just protecting their intellectual property. Only when another company sues Apple is it frivolous and annoying and a case of where the plaintiffs are just trying to ride Apple's coattails.
If you read the forums, it's very clear: lawsuits are only valid if Apple is the plaintiff.
App + Store? You're right, I personally didnt hear that combo until Apple started its iOS days.
I do feel though, that adding "store" to a term that was not invented (only popularized) by Apple does not justify trademark protection. Anyways, its laughable to think that Apple could lose any business to an "Amazon App Store" or a "Windows App Store"...if you have an iOS device, those stores are essentially useless to you. Stay frosty dude!
I think you mean App Store
Never forget cmd-alt-2 (or apple-option-2 if you're old-skool)
I think Apple deserves to trademark the word App or App Store. When I see App Store, I think Apple. Companies who effectively steal Apples hard work should be made to change their name because I believe Apple did make mainstream use of the word, I had never heard anyone say App before the App store.
The one argument Amazon can make is that they used "appstore" instead of "app store".
"Appstore" was a trademark held by a computer store that was later abandoned. When you search for "app store" in the TESS you find both but Apple's trademark is specifically "app store" with two words.
Not that I am an expert on the law of trademarks. Let them fight it out. What do I care. I'm just pointing out that the one word version of the trademark may not fall under Apple's two word trademark.
"Appstore" was a trademark held by a computer store that was later abandoned. When you search for "app store" in the TESS you find both but Apple's trademark is specifically "app store" with two words.
Not that I am an expert on the law of trademarks. Let them fight it out. What do I care. I'm just pointing out that the one word version of the trademark may not fall under Apple's two word trademark.
how hilarious would it be if we saw those Martin Glick lawyers in the courtroom all using iPhones LOL!
Its a trademark. Give me a break. What do you think the "typed drawing" said?
Try again Knight.
That is a very weak argument. Apple does not say they are the only app store. They have the largest app store. And their app store is named App Store™ and the name is trademarked.
I think you mean App Store™
Never forget cmd-alt-2 (or apple-option-2 if you're old-skool)
Thanks!
The general population never heard the term "App" until Apple released the iPhone.
Nor did the general population ever shop for Apps online until Apple built the App Store.
The abbreviation "App" used in conjunction with "store" to denote an online marketplace in which to buy applications is a unique combination that is not known in generic parlance.
Apple will win this.
Nor did the general population ever shop for Apps online until Apple built the App Store.
The abbreviation "App" used in conjunction with "store" to denote an online marketplace in which to buy applications is a unique combination that is not known in generic parlance.
Apple will win this.
Good point. My local ABC station tells you to, "go to any app store" to get their mobile apps. They make apps for iPhone, iPad, BB and Android.
Knight is correct.
You can trademark a graphic that contains words, but have no rights to the actual words themselves.
It is you who needs an education on what a trademark actually is.
Are you 12?
You're argument is so inaccurate it isn't even funny.
This annoys me, no way in hell should another plagerist company be allowed to ride apples high, why should they, c'mon mac users get behind apple on this one.
On mac computers we've always had "Applications", windows have had "programs", when apple made the iPhone they put mini applications on it and called them Apps which is short for small Applications, so amazon call yours PROGS and call it a Progstore but don't STEAL man !remember the widgets on your macs they are where the idea for the Apps on Iphones came from, Windows came along and stole the Widgets idea and initially called them Gadgets but now every other copycat calls them Widgets too, the same is happening again man it's bull, apple sue these leeches all of them.
On mac computers we've always had "Applications", windows have had "programs", when apple made the iPhone they put mini applications on it and called them Apps which is short for small Applications, so amazon call yours PROGS and call it a Progstore but don't STEAL man !remember the widgets on your macs they are where the idea for the Apps on Iphones came from, Windows came along and stole the Widgets idea and initially called them Gadgets but now every other copycat calls them Widgets too, the same is happening again man it's bull, apple sue these leeches all of them.
It mostly has to do with if it is confusing. Apple has a trade mark on "App Store" to sell applications through an online store. Amazon is using "Appstore" and is selling applications through an online store. Apple has a pretty strong case that Amazon is infringing on their trademark. If Amazon used "Appstore" for a chain of tire rotating store, Amazon could probably be in the clear. As it stands they are too close in intended use. Microsofts strategy is to invalidate the trademark. It's up to the USPTO to decide on the trademark.
You may be right about the general population not having used the term "App" until Apple did, but you are wrong in your argument that they will win this case. First off, "App" is short for "application" and it doesn't take a genius to figure that out. Since "App" is derived from "Application," which is a generic term, Apple cannot claim it and trademark it. Furthermore, just because they add "store" to that does not mean it is not generic. Both "App" and "Store" are generic terms. The way Apple used the term was in a very generic way.
You cannot make a generic term into a unique term. Once it is generic it is lost to the public at large. That is pretty basic trademark law there. Apple will lose this one.
Actually, it would 1-Click
In formal writing, one should always write out the words for all numbers one through ten.
"1 click" would be unacceptable in proper English writing.
Trademarks and Patents are too generously awarded
App is shorthand for Application, it's been in use for almost 20 years: http://www.etymonline.com/index.php?term=app
App Store is a descriptive term for a shop selling a specific product. Such as Pet Store rather than Domestic Animal Store, or PC Store rather than Computer Store. By Apple's reasoning, the first person who used the term Pet Store should have Trademarked it and cornered the market. But since several companies started selling Pets at their Pet Stores without a Trademark, then the term was considered common place.
Personally, I think that the terms iPhone App Store, iTunes App Store, and Mac App Store should be trademarked and would be respected by the general industry.
Also, in Amazon's defense, there usage is Amazon "AppStore", not Amazon "App Store". So, splitting hairs, it's not the same.
M@
App is shorthand for Application, it's been in use for almost 20 years: http://www.etymonline.com/index.php?term=app
App Store is a descriptive term for a shop selling a specific product. Such as Pet Store rather than Domestic Animal Store, or PC Store rather than Computer Store. By Apple's reasoning, the first person who used the term Pet Store should have Trademarked it and cornered the market. But since several companies started selling Pets at their Pet Stores without a Trademark, then the term was considered common place.
Personally, I think that the terms iPhone App Store, iTunes App Store, and Mac App Store should be trademarked and would be respected by the general industry.
Also, in Amazon's defense, there usage is Amazon "AppStore", not Amazon "App Store". So, splitting hairs, it's not the same.
M@
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 :
trademarks almost as bad as patents
I think it's stupid for Apple to have "App Store" as a trademark. It is too generic. Trademarks, like patents, are out of control.
However, the same thing can be said for "Windows" and "1-Click". So, if "App Store" is to be invalidated, then these other trademarks should be invalidated as well, not to mention a whole host of other trademarks that can be considered "too generic".
Pot meet Kettle.
I think it's stupid for Apple to have "App Store" as a trademark. It is too generic. Trademarks, like patents, are out of control.
However, the same thing can be said for "Windows" and "1-Click". So, if "App Store" is to be invalidated, then these other trademarks should be invalidated as well, not to mention a whole host of other trademarks that can be considered "too generic".
Pot meet Kettle.
My first experience with widgets was with Konfabulator on OS X 10.3. There may have been other examples before konfabulator but from my memory, Apple didn't invent widgets.
Actually, it would 1-Click
In formal writing, one should always write out the words for all numbers one through ten.
"1 click" would be unacceptable in proper English writing.
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.