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

The term app has been used LONG before it became a popular term, all the way back in Windows 95 I remember the term app being used for applications on Windows.

Ridiculous lawsuit is ridiculous. This kind of stuff makes Apple look petty, just like the youtube videos of antenna problems they had.
 
People on this board claim "app store" is generic and so the trademark is invalid. Yet the trademark application process proceeded to the point that Apple was approved to begin using it.

If the people claiming "app store" cannot be trademarked for the same reasons they claim "pet store" cannot be trademarked were to be believed, then this is a cut and dry case. Yet if it were as simple as they claim, apple's application process would not have made it this far.

So take their words with a grain of salt.

In the end, Apple may lose the trademark. But considering the fact that placing the word "the" in front of a seemingly generic name appears to make a difference, perhaps apple should apply for "the app store" now.

As for Amazon, I don't think Apple will win this case. The name of Amazon's store is "Amazon Appstore".
 
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Here's a brilliant idea... only people who have actually gone through the trademark process should continue to comment.
Having been through it twice, I can tell you that it's not a walk in the park.
There is nothing cut and dry about any of it.
Your success depends just as much on your prep work as it does on the examining lawyer from the USPTO side.
Fortunately we had a great lawyer working with us from the USPTO.

I got one approved for my wife's company name, and lost the other trademark application for of all things, being descriptive.
We knew the second was a long shot, but had to try.
 
ten-oak-druid said:
People on this board claim "app store" is generic and so the trademark is invalid. Yet the trademark application process proceeded to the point that Apple was approved to begin using it.

If the people claiming "app store" cannot be trademarked for the same reasons they claim "pet store" cannot be trademarked were to be believed, then this is a cut and dry case. Yet if it were as simple as they claim, apple's application process would not have made it this far.

So take their words with a grain of salt.

In the end, Apple may lose the trademark. But considering the fact that placing the word "the" in front of a seemingly generic name appears to make a difference, perhaps apple should apply for "the app store" now.

As for Amazon, I don't think Apple will win this case. The name of Amazon's store is "Amazon Appstore".
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No apple was never approved the trademarket. They apply for it and in the final stage open to objection MS objected 2 it. Apple has not been granted the final part of it.

This is a pretty weak case by Apple and Apple will loses. I full hope they are force to pay Amazon's legal cost over this one.
Apple did a piss poor job in its own documention and used it genericly.

Got to love it when a judge starts asking question "How is App Store not generic when your Own CEO used it that way to describe others or in own press release documents App store is used to describe other Application stores?"

I have yet to see any one try to counter that argument.
 
LagunaSol said:
Not "debunked." More like "skirted."



Nonsense. I dare you to develop and release a word processing application for Windows called "Mattie Num Nums Word" and see how long it takes before Ballmer is on the phone with you.

Google Word? Apple Word? These would never fly and you know it. Your argument holds no water.
Click to expand...

It's already been done.

OpenOffice
 
Unggoy Murderer said:
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.
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I guess you can argue that "App Store" is something Apple came up with. However, the word "app" has been used in the phase "killer app" since the dawn of personal computing. It's a pretty common abbreviation for Application software
 
OMG you should see how many people here in Seattle refer to all Android phones as 'Droids'. Verizon better start protecting that ***** as it's already become the name for all Android phones for the 'think they know what they are talking about' android fans.
 
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oldwatery said:
Count me in there.
Apple have become Big Brother and Big Bully lately.
In the past they trod more lightly.
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Oh give me a break! Maybe it's because all you read are the headlines which focus on Apple. Apple has no more lawsuits than any other company out there, not to mention the private lawsuits against Apple for dumb ass stuff like 'tracking', antennas, batteries, etc. etc. etc.....
 
ChazUK said:
WordPerfect Office X5?
Click to expand...

You got me there. Here's a bit of interesting tech trademark trivia (Microsoft vs Lindows):

As early as 2002, a court rejected Microsoft's claims, stating that Microsoft had used the term "windows" to describe graphical user interfaces before the product, Windows, was ever released, and the windowing technique had already been implemented by Xerox and Apple many years before. Microsoft kept seeking retrial, but in February 2004, a judge rejected two of Microsoft's central claims. The judge denied Microsoft's request for a preliminary injunction and raised "serious questions" about Microsoft's trademark. Microsoft feared a court may define "Windows" as generic and result in the loss of its status as a trademark.
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http://en.wikipedia.org/wiki/Microsoft_v._Lindows
 
When I think of app store I always think of apples application store. The icon for it advertised on TV or websites says appstore, I think Amazon and Windows are trying to use Apples success on this.
 
damarsh said:
anyone else getting a little bit fed up of apples lawsuits?
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I'm sure Apples getting fed up of all their competitors continuing to copy their products or piggyback off the work Apples done on iOS.

Unfortunately, when a company innovates, they have to deal with the rest of the world copying them. You can either sit back and let it happen and allow the copycats to steal the market from you with YOUR inventions, or you can do something about it. Apples chosen to do something about. Despite whatever bad press they may get from bozos who have no idea what they're talking about.
 
LagunaSol said:
You got me there. Here's a bit of interesting tech trademark trivia (Microsoft vs Lindows):



http://en.wikipedia.org/wiki/Microsoft_v._Lindows
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Exactly. I find it quite funny people don't understand that the "Windows" brand is referring to the windowed metaphor on desktop GUIs. So, Windows technically is just as generic as App store, considering all desktop UIs use the Window metaphor for displaying content.

But I think we'd all agree that when you hear the term windows, you think of Microsofts OS. Thats the exact same thing going on here with App store. Companies trademark "generic" terms all the time. Most trademarks ARE generic. But once it becomes used to associate a brand or product, its no longer generic.
 
rjohnstone said:
Here's a brilliant idea... only people who have actually gone through the trademark process should continue to comment.
Having been through it twice, I can tell you that it's not a walk in the park.
There is nothing cut and dry about any of it.
Your success depends just as much on your prep work as it does on the examining lawyer from the USPTO side.
Fortunately we had a great lawyer working with us from the USPTO.

I got one approved for my wife's company name, and lost the other trademark application for of all things, being descriptive.
We knew the second was a long shot, but had to try.
Click to expand...

Yep. Its incredibly annoying hearing all the "experts" on the internet try to grossly oversimplify the matter. Oh well.
 
Millah said:
...Thats the exact same thing going on here with App store. Companies trademark "generic" terms all the time. Most trademarks ARE generic. But once it becomes used to associate a brand or product, its no longer generic.
Click to expand...

I think that's the point MS was making with it's objection, citing that Eastern Airlines had tried to trademark "Shuttle", and even though people associated Shuttle with Eastern, because the word was used so often, "shuttle" had (or became?) a "de-facto secondary" meaning. The courts ruled against Eastern and all the other airlines (New York airlines shuttle, Delta shuttle, etc) were allowed to use the word. MS then pointed out a list of examples of how 'app store' is used and has now attained a "de-facto secondary' meaning too. (I'm not saying it's right or wrong, just pointing out the Microsoft's case)
 
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We can't expect Apple to change the name "App store" can't we? Irresponsible software developers, just stop causing confusion, please.
 
paul4339 said:
I think that's the point MS was making with it's objection, citing that Eastern Airlines had tried to trademark "Shuttle", and even though people associated Shuttle with Eastern, because the word was used so often, "shuttle" had (or became?) a "de-facto secondary" meaning. The courts ruled against Eastern and all the other airlines (New York airlines shuttle, Delta shuttle, etc) were allowed to use the word. MS then pointed out a list of examples of how 'app store' is used and has now attained a "de-facto secondary' meaning too. (I'm not saying it's right or wrong, just pointing out the Microsoft's case)
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But did Eastern successfully trademark it? I dont know if they did, but it sounds like they didn't. That's the difference here. Apple was granted the trademark. The only reason it's become a de-facto meaning is because ALL of apples competitors have piggybacked off what Apple created. If "app stores" had existed the way they do now before the iPhone, and it was a de-facto meaning back then, then this would be different. But that's not the case. The term app store was clearly created by Apple, marketed by Apple, and most importantly turned into a success by Apple. No one but Apple. Consumers are aware of app stores and apps because of Apples work. And now the competition just piggybacks off Apples work and reaps the rewards off it. But that's a fact of life anytime someone invents something great.
 
Millah said:
I dont know if they did, but it sounds like they didn't. That's the difference here. Apple was granted the trademark.
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Nope, they weren't. The trademark is in its opposition phase right now, it has not been granted yet. Microsoft has filed opposition to it.
 
As far as I know the "App Store" trademark hasn't been granted to Apple yet, therefore Amazon can use it for now. On the other hand Apple just cannot sit there and do nothing about it, they must deffend the trademark they are trying to register even if it hasn't been registered yet.

I also have to admit that it surely is a very good publicity stunt by Amazon. Their new "Appstore" is now all over the web.
 
hynke said:
As far as I know the "App Store" trademark hasn't been granted to Apple yet, therefore Amazon can use it for now. On the other hand Apple just cannot sit there and do nothing about it, they must deffend the trademark they are trying to register even if it hasn't been registered yet.
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They should also be careful with their quotes in their financials. Tim Cook in the last conference call basically gave Microsoft and Amazon ammunition when he said things "We have the largest app store", making the term quite generic and descriptive. This doesn't help their case at all.
 
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