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But what can't be argued is that Amazon releasing an "Appstore" helps create consumer confusion around that term. No qualifier -- needing to know what phone somebody has, qualifying with "the app store" vs. "app store" -- changes this.


Amazon released their appstore - not to create confusion. They launched it with that name because that is what it is. An App Store. I'm sure they also launched it with that name and when they did as a big fat f. u. to Apple to illustrated how the term is generic.

Again - When you have the CEO and other execs at Apple referring to App Stores in the generic sense - you sort of lose a lot of legal footing when claiming App Store for your own while "not acknowledging" others.

Amazon doesn't need Apple's blessing. They already have the CEO on record referring to their store as an app store.
 
Let's try another game. My friend asks, "Hey where did you get that cool game?" I say "From the app store."

Which one do I mean?

I'd say, whichever app store is on the device in question. So if someone with an Android phone said they had got it from the 'app store' I'd take that to mean the Android Market. Likewise, if someone had a WP7 phone, I'd take that to mean Windows Marketplace and so on and so forth. What the 'app store' was would depend on the device.
 
Petty

This really does make Apple look petty. Concentrate on having the best App Store, not the only one with that name.
 
From the perspective of trademarks, Steve screwed up big time when he used "app store" generically. Since I am sure that the legal department looks over his speaking notes before he gives a presentation (at least, I hope so), I think Apple's trying to make a retroactive trademark here...more or less, trying to shut the barn door after the horse has already left. The whole point of a trademark is that it differentiates your product from a competitor's, so you can keep your customers from being sold counterfeit goods by third parties -- you never use it to describe something that is not sold by you or your licensee, and certainly not a competing product.
 
Wait, there's an app store on iOS devices? I thought the app store sold OS X applications?

I wish the 2 companies who offer those 2 completely separate services would stop trying to confuse me.
 
Wow lame rebuke Apple. The term has become generic, and I'm sure the judge will figure that out. Besides, Apple really should lay off. "App" sounds very close to Apple, why wouldn't they want as many people using the App Store term. Think about it.
 
just found this link on the word app. As I remember its been around a while

http://www.pcmag.com/encyclopedia_term/0,2542,t=app&i=37865,00.asp

Definition of: app

(APPlication) The term has been used as shorthand for "application" in the IT community for decades. However, it became newly popular for mobile applications in smartphones and tablets, especially due to the advent of Apple's iTunes App Store in 2008. It is just as correct to say "iPhone application" as it is "desktop computer app;" although app is shorter, and computer people love to abbreviate.
 
If Apple loses this legal battle then Amazon needs to lose it's 1-Click trademark. Anyone who disagrees is absolutely biased.

I was a huge opponent of that patent at its outset and completely agree with you. Still, "app" was used long ago, and the 1-click patent is not the topic of this discussion.
 
"App" is not even a word that exists in the dictionary.

Do you guys even think about what you're saying?

Just checked my dictionary, "app" is it... It says "see Application". You sir, are a d*ck...

As for the debate, the term "app" was here way before Apple released their appstore, it just wasn't mainstream...
 
Yeah, I agree.

Apple has become the new darkside.

You guys are still missing the whole picture. The trademark Apple tries to protect is "App Store". It is not just App. If Amazon used Appmarket then Apple has no point to sue. But "Appstore for Android" is to fool buyers that the things inside it is similar to what App Store has. This is the essence of trademark in protecting a successful business from copycats.
 
You guys are still missing the whole picture. The trademark Apple tries to protect is "App Store". It is not just App. If Amazon used Appmarket then Apple has no point to sue. But "Appstore for Android" is to fool buyers that the things inside it is similar to what App Store has. This is the essence of trademark in protecting a successful business from copycats.

Well, yes, it is a store that sells Apps. It's not trying to "fool" buyers, it's trying to tell them "Here, we have this store y'see, we sell apps".

Apple should've stuck with iTunes App Store.
 
Just checked my dictionary, "app" is it... It says "see Application". You sir, are a d*ck...

As for the debate, the term "app" was here way before Apple released their appstore, it just wasn't mainstream...

I agree, just checked with the Oxford Dictionary of English, the word "app" appears to be a valid word; it is the shortened word for "application". Whoever said the word "app" does not appear in the dictionary needs to revise their thinking before posting false statements.
 
If Amazon is in violation of a trademark, then they are. What are we discussing, that it's ok to violate patents, trademarks because a certain company is large?
 
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