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Apr 12, 2001
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amazon_appstore.jpg



The dispute between Apple and Amazon over the term "App Store" continues, with Apple filing a new document with the court claiming that Amazon's "Appstore for Android" can't possibly be an app store because the term is a non-generic one referring only to Apple's App Store. Apple's official response comes via Bloomberg:
"Apple denies that, based on their common meaning, the words 'app store' together denote a store for apps," the company said in a filing yesterday in federal court in Oakland, California.

The term isn't commonly used by businesses to describe download services and, because the mark "app store" isn't generic, Amazon's Appstore for Android service isn't an "app store," Apple said in the filing.
Apple sued Amazon in late March over the "App Store" term after Amazon rolled out its marketplace for Android applications. Amazon fired back late last month, arguing that the term is generic and filing a counterclaim against Apple seeking dismissal of the original suit, reimbursement of costs, and a declaratory judgment giving Amazon free rein to use the term.

Apple is fighting a similar battle simply in trying to have the "App Store" trademark officially recognized. Microsoft in particular has been working hard to convince trademark examiners that the term is generic and not specific to Apple's implementation, using as one of its most important pieces of evidence quotes from Apple CEO Steve Jobs using the term generically to refer to non-Apple application stores.

Article Link: Apple: Amazon's Appstore Isn't an 'App Store'
 

lord patton

macrumors 65816
Jun 6, 2005
1,052
10
Chicago
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)

Sounds like a tautology to me.
 
Comment

hexx

macrumors regular
Jan 3, 2010
166
1
London, UK, \m/
this is retarded, let's be honest here. retarded same way like amazon's one-click or microsoft's windows trademarks.
 
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orangerizzla

macrumors member
Jan 9, 2008
30
4
Hampton
Wirelessly posted (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)

Is a game an app?
 
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allpar

macrumors 6502
May 20, 2002
336
91
They're only CALLED apps because Apple started calling them apps when they started their app store.

Before that they were called APPLICATIONS (or even, dare I say it? PROGRAMS).

Now, if you'll excuse me, I have to clean my xerox with a kleenex so I can ebay a copy of my jeep. When I'm done I'll hoover the floor.
 
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mack pro

macrumors member
May 3, 2011
67
0
Apple's going to trademark word every word in the dictionary and sue everbody in the country.
 
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ChazUK

macrumors 603
Feb 3, 2008
5,390
24
Essex (UK)
Amazon's appstore shouldn't be called appstore because our app store is the app store.

Confusion ensues.
 
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CQd44

macrumors 6502a
Jul 27, 2009
630
0
Edinburg, Texas
this is retarded, let's be honest here. retarded same way like amazon's one-click or microsoft's windows trademarks.

Almost certain one-click refers to the way they implemented easily purchasing things and how Windows is only referring to OS implementations of WHY AM I DIGNIFYING YOU WITH A RESPONSE
 
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emvath

macrumors regular
Jan 5, 2009
218
182
Apple,

I love you buddy, but you are coming off looking stupid on this one. Give it up please and get back to working on my wireless sync.
 
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staveb

macrumors member
May 13, 2009
55
0
Apple is wrong and stupid

For every reason I loved Apple when they were the scrappy little dog, they are behaving very poorly here, and I hope Amazon crushes them in their counter-suit.

Rather than try to copyright generic terms, innovate Apple! You're better than this!
 
Comment

mrochester

macrumors 68030
Feb 8, 2009
2,564
805
Apple's response to this claim seems to just be 'you can't call it an app store because we said so' without any substantive evidence.
 
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Born Again

macrumors regular
May 12, 2011
214
0
Norcal
I'm not with apple on this

Customers are intelligent enough to differentiate one store from the other.

Are you doubting your customers apple?
 
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econgeek

macrumors 6502
Oct 8, 2009
337
0
I'm tired of every no-account, ethics free, innovation-incapable company just ripping off apple's work and getting away with it.

Apple didn't coin the term "store", but they did coin the term "app".

App is a legitimate trademark.

Amazon needs to lose here.
 
Comment

notabadname

macrumors 65816
Jan 4, 2010
1,448
526
Detroit Suburbs
Oh no, not again. Courts, please settle this, either way, so we can be done with the pointless argument. As if the repetitive, belabored discussion on MR will resolve the case. Both sides have merit, or or their respective suits would already have been dismissed by the courts.
 
Comment

econgeek

macrumors 6502
Oct 8, 2009
337
0
For every reason I loved Apple when they were the scrappy little dog, they are behaving very poorly here, and I hope Amazon crushes them in their counter-suit.

Rather than try to copyright generic terms, innovate Apple! You're better than this!


"app" has never been a generic term. It was never used until apple coined it. And they aren't "copyrighting" it, which you can't do, they are trademarking it, and using this form of IP correctly.

It is really sad to see so many people so ready to believe that Apple is some big bad company without ethics.

Apple plays by the rules. Amazon, however, for instance, is a reprehensible company that abuses and defrauds its employees, has no regard for its customers, and bullies everyone in the business. Of course people outside the business have a completely different perception because they've never had to deal with amazon.
 
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BC2009

macrumors 68020
Jul 1, 2009
2,010
462
They're only CALLED apps because Apple started calling them apps when they started their app store.

Before that they were called APPLICATIONS (or even, dare I say it? PROGRAMS).

Now, if you'll excuse me, I have to clean my xerox with a kleenex so I can ebay a copy of my jeep. When I'm done I'll hoover the floor.

don't forget to google for the going price of your jeep before ebaying it.

;)
 
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ChazUK

macrumors 603
Feb 3, 2008
5,390
24
Essex (UK)
Funny... I download "Apps" from the Amazon's Appstore all the time.

No you don't, you download APK's. It should be APK store! /s

(The logic applied here is the "apple use .app extension" logic, despite the fact that their mobile applications use "ipa" extension.)
 
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