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Did you even use the internet before the app store was open? app has always been used as short hand for application.

It's especially bogus a claim as Apple is not the first one to register a trademark with the words App and Store :

Typed Drawing

Word Mark APPSTORE
Goods and Services (ABANDONED) IC 042. US 100 101. G & S: providing computer software application hosting services by means of a global computer information network, where such services allow multiple users to rent software applications developed by applicant or third parties
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75542841
Filing Date August 26, 1998
Current Filing Basis 1B
Original Filing Basis 1B
Published for Opposition February 29, 2000
Owner (APPLICANT) SAGE NETWORKS, INC. CORPORATION BY ASSIGNMENT DELAWARE 215 FIRST STREET CAMBRIDGE MASSACHUSETTS 02142
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record John P. Courtney
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date November 24, 2000

Notice the filling date...
 
"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.

I don't think this comment will pass the court's laugh test. Apple also seems to be saying, at least from the quotes in the Bloomberg article, that the term "App Store" isn't generic because it isn't generic. I'm going to make a prediction that Apple loses this one.
 
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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.

I don't think this comment will pass the court's laugh test. Apple also seems to be saying, at least from the quotes in the Bloomberg article, that the term "App Store" isn't generic because it isn't generic. I'm going to make a prediction that Apple loses this one.

You don't know that inside every iPhone there is an Application called App Store?
 
You don't know that inside every iPhone there is an Application called App Store?

And this is relevant because ... ?

Even Steve Jobs, the man himself, refers to his competitor's stores as "App store" (see the quote in the last page).

Something doesn't have to be trademarked for a company to use it. Apple is perfectly free to use a non-trademarked term if they like.
 
You don't know that inside every iPhone there is an Application called App Store?

Sorry, I'm not getting your point. Perhaps you could elaborate. I do know that my iPhone has an app called App Store. The name of the app "denotes a store for apps."
 
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Amazon wants to use the name because they want the consumer to associate it with the success of Apple's app store - its ease of use, panache, and popularity. Amazon sees it work so well for Apple and now they want in on it, because thanks to Apple the term "app store" has been firmly put on the map. This would never, ever have occurred to Amazon had Apple not done it
 
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Amazon wants to use the name because they want the consumer to associate it with the success of Apple's app store - its ease of use, panache, and popularity. Amazon sees it work so well for Apple and now they want in on it, because thanks to Apple the term "app store" has been firmly put on the map. This would never, ever have occurred to Amazon had Apple not done it

Are you really claiming that Apple is the only company in the world that could come up with the idea of naming a store you buy apps at... an app store? We buy groceries at the grocery store, clothing at the clothing store, and books at the book store, but clearly buying apps at an app store is unique, original, and magical.

And don't even think about going back to the claim that Apple invented the word "app". We've debunked that one already.
 
Apple II = Programs, Binaries
DOS = Executables, Commands, Batch Files
Macintosh = Applications
Windows = Programs

In the Mac OS world, which I have been a part of since the beginning, all programs have been known as applications since 1984 (e.g. type=APPL, creator=MACW). iOS is a derivation from the Mac world.

It was logical to call a store for Apple platform based software an Application Store, or App Store in shorthand. If it were Windows, it would be called a Program Dump/Garage Sale/Strip Mall/Discount Center/Flea Market or similar ilk.

Even if App were a generic term, App Store is not. The day it opened up, I don't recall the media announcing "Apple opens an App Store called App Store to be confused with all the other App Stores everywhere". Besides Apples, there was 1.

This is similar to the Lodsys argument. Back in the early days, they were the first to have a concept of update buttons. Now it seems obvious, but then, they were unique. I wonder how many people side against Apple on App Store that encourage Apple to fight Lodsys on developers behalves???
 
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.

I was thinking of selling pizza from my hut, but I am having trouble with the name for the business. The guy in the neighboring hut wants to sell sunglasses and has the same problem.
 
These suites are going to mean nothing

Apple should thank Disney for making this look childish. Because we all have to respect that Seal Team 6 (TM) is a trade mark of Disney. Really Disney has just made this case look childish.

"You copied me you...Copier"

Well I honestly hopes this gets thrown out now. And we need to have harsher restrictions on trade marks before IBM runs and trademarks Computer. Or Lay-Z-Boy Trademarks the couch.
 
I was thinking of selling pizza from my hut, but I am having trouble with the name for the business. The guy in the neighboring hut wants to sell sunglasses and has the same problem.

If you don't like trademark law, then lobby Congress to change it. But don't go violating the laws you don't like.
 
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FakeWozniak said:
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.

I was thinking of selling pizza from my hut, but I am having trouble with the name for the business. The guy in the neighboring hut wants to sell sunglasses and has the same problem.

You can't name your pizza restaurant "Pizza Hut" as it is trademarked? Such a shame.

How about you call it "pizza restaurant" and then complain at everyone who tries to describe their pizza restaurant as a pizza restaurant?
 
Apple II = Programs, Binaries
DOS = Executables, Commands, Batch Files
Macintosh = Applications
Windows = Programs

Apparently you've never looked at a Windows directory, going back at least as far as Windows NT. See below. Also, DLLs are called "Application Extensions".

You're barking up the wrong tree. Apple doesn't claim "app". They're only trying to claim "app store".

I think they could've, before they used it so much generically themselves, even in earnings calls.
 

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If you don't like trademark law, then lobby Congress to change it. But don't go violating the laws you don't like.

Technically we're SUPPOSED to violate laws which don't agree with the Constitution. Um, yeah, it's sort of our duty. But we abandoned that philosophy back in the late 1800's.
 
It really is.

Up next: a used car dealership denies that the words "used car dealership" together denote a dealership for used cars.

Most car dealers today refer to used cars as "pre-owned vehicles". The term "used car" has to many bad connotations.
 
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You can't name your pizza restaurant "Pizza Hut" as it is trademarked? Such a shame.

How about you call it "pizza restaurant" and then complain at everyone who tries to describe their pizza restaurant as a pizza restaurant?

I agree. I like Apple's products but their behavior is often outrageous. They like to live in their own world. I wish they had a solid competition so they were unable to dictate their terms. By the way, historically, big companies tend to go down exactly when they start feeling like they rule the world and they can dictate their terms. Numerous examples. i would hate to see Apple go down though, I want an iphone 10.
 
I was thinking of selling pizza from my hut, but I am having trouble with the name for the business. The guy in the neighboring hut wants to sell sunglasses and has the same problem.

Pizza Hut literally is a hut made of pizza.

App store literally is a store that sells apps.
 
Ack, give me a break. This proliferation of proprietary terms/branding is getting seriously old, and it's doing nobody any favors. If we could just call all mobile applications 'apps' device-wide (I'm talking iOS, Android, WM7, Symbian etc) and in turn freely use any app-prefixed or app-suffixed (or just 'app) word freely, we'd be on a road to cohesion, better able to teach (and lessen the confusion of) older people / less tech-familiar people / anyone else confused about what apps are, what smartphones are, etc.

Even for the tech-savvy, having uniformed terms for essentially-identical products (apps) is just cleaner and more straight forward. Eesh.:rolleyes:
 
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