We're discussing the validity of Apple's claims. And Amazon can't be in violation of a trademark that is still in the opposition phase and has yet to go to trial to sort out the filed oppositions against it.
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Apple: Amazon's Appstore Isn't an 'App Store'
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We're discussing the validity of Apple's claims. And Amazon can't be in violation of a trademark that is still in the opposition phase and has yet to go to trial to sort out the filed oppositions against it.
But Amazon is in obvious violation, so the court should nail them to the wall. I'm sick and tired of everyone stealing Apple's innovations.
You're missing the point.
A lot of the apps in the Amazon Appstore are the very same apps that are available in the Apple App Store with one exception... they're for Android devices, not iOS devices.
As stated in the stores full name "Appstore for Android". Only a complete moron would think they could get apps for an Apple device there.
The essence of a trademark is to protect the trade dress of a particular product or service from being copied.
The success of the business behind it is irrelevant.
What have they stolen.... nothing.
The idea of buying applications online has been around long before iTunes and the later application section of iTunes called the App Store.
Apple is bitching about a name that in itself is descriptive at best.
Hmm, Although I think everyone knows that Apple originally coined the term (phrase), it does feel natural to call them all App Stores. It is also natural to say Kleenex, although that is still trademarked... Wow, this is a tough one. Even if Apple loses this one, I'm not sure they lose very much.
It is similar. Kinda like the way all book stores sell books.
Anyway Apples appstore is just a cheap ripoff of the salesforce.com one.
http://www.zdnetasia.com/salesforce-com-appstore-to-go-shopping-61974303.htm
Then maybe he should have thought of that before trying to register the digital equivalent of "Grocery Store". I don't have any pity for the man in this case.
I'm in full agreement that Apple's innovations get copied a lot. However Amazon in NOT in obvious violation. In fact in my opinion Apple is obviously wrong on this one and not one comment on this thread has swayed me even a little.
Especially since Steve himself blew it :
http://www.macworld.com/article/154980/2010/10/jobs_transcript.html
Straight from the Man himself. Amazon is creating its own app store...
Yep. I have ask the question multiple times here on how would you respond to that question of the CEO and they jump right over it.
Hell you know in this court case the judges are going to flat out ask that question of how is it not generic when your own CEO uses it that way in a public keynot and it is currently on Apples OWN web site.
I am still waiting for a good response to that one.
Why doesn't Amazon just call their currently named appstore something else; like the AppMall or app marketplace....
+ 1000. Besides "killer app" dating back almost 30 years, a favorite mobile example of mine is this article from 2000, courtesy of the Internet Wayback Machine:
Attachments
Yeah Steve Jobs has blown it so badly that Apple is sitting on $60 billion in cash...
I have to agree with Apple on this one.
If other companies called their syncing software "iTunes" it would be the same dilemma. It's a proprietary term.
If other companies called their syncing software "iTunes" it would be the same dilemma. It's a proprietary term.
I disagree with those who have said that Apple is longer innovative. Clearly Apple is in this position because they are one of the few comapnies that is innovative. Basically the computer and technology companies constantly have their eyes on what Apple is doing. Even though Apple never really invents anything from scratch, they do a really good job of taking a design or product and making it appeal to the masses. Yes there were MP3 players long before the iPod, but Apple turned a small product market, at the time, into a billion dollar industry just on the side. They created the most ppular digital media distribution stores, iTunes, on the planet. And yes every time they did this other companies took notice and created their own MP3 players, digital media stores.
But this to be expected. It is part of the price of success. Yes when you create or vastly improve the quality or effectiveness of a product, other companies or going to follow suit. Apple has made a lot of money, and have earned a lot of loyal fans. But they should be careful not to let the small things bring them down.
But this to be expected. It is part of the price of success. Yes when you create or vastly improve the quality or effectiveness of a product, other companies or going to follow suit. Apple has made a lot of money, and have earned a lot of loyal fans. But they should be careful not to let the small things bring them down.
Yeah Steve Jobs has blown it so badly that Apple is sitting on $60 billion in cash...
What does that have to do with my comment ? Steve Jobs blew their defense of "Amazon's AppStore isn't an App Store by referring to it as an App Store.
Seriously, that's your comeback ? That's going to be what you use to try to argue against me ? That they have 60 billion in cash ? So what, that doesn't entitle them to do whatever they want and doesn't prevent the CEO from blowing their defense in this case we are discussing to smithereens.
That is the worse analogy I've read on this topic yet. Again, even Steve himself says that "Amazon is creating their own app store". iTunes is not a descriptive term for music syncing software. Your point would be valid if iTunes was called "Music Syncing and library management software with a store interface thrown in" and Amazon launched their own "Amazon's Music Syncing and library management software with a store interface thrown in".
You know those Amazon and Google defenders will not answer you. But the fact they will not discuss this says amply why trademark law is important.
What is the difference between "iTunes" and "App Store"? There is none from trademark law POV. Amazon doesn't have a leg to stand on.
Answer him ? The opposite question is as valid : What was wrong with iTunes App Store in the first place ?
There is no answer to his question : they did because they felt like it. End of story.
Yes, there is. One isn't descriptive, the other is. For App Store to be allowed to be registered (it's not registered yet) Apple will have to prove it has achieved secondary meaning. Since Steve Jobs the man himself refers to other app stores as well... app store... good luck with that.
Again, since you don't seem to understand. Click and read :
http://www.macworld.com/article/154980/2010/10/jobs_transcript.html
Straight from the Man himself. Amazon is creating its own app store...
Did you even use the internet before the app store was open? app has always been used as short hand for application.
This lawsuit is bogus, apple doesn't own the word and neither does amazon.
I don't care how Steve Jobs feels, and it's completely irrelevant to this case.