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Apple and Amazon Settle 'App Store' Dispute
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It's not about confusing consumers. It's about stealing a trademark (not saying that I agree with Apple's case).
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No, I'm not trying to prove that Apple should have won the lawsuit, just that the argument that "it doesn't matter since the consumers won't get mixed up" does not make sense. What's so bad about analogies again? You just seem to not like them because "fail". Bye.
This is not a Trademark, or at least shouldn't be. I am usually in Apples favour, but I think they made a smart decision just letting this go
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They get to use "appstore." Not "App Store."
Yes! That's a subtle, but maybe not so subtle difference. It just happens to sound the same
Haha no. Apple had the App Store. Amazon released appstore. Apple preemptively sued, to protect one of their revenue streams. After realizing that Amazon is not even remotely a threat to their business model, they dropped the lawsuit.
Sure, Amazon gets to use "appstore," but Apple is the clear victor.
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They didn't. They sued 2 days after the Amazon Appstore was announced. It was preventative. They dropped the suit when it was clear that there was not going to be enough of a problem to matter.
This happens all of the time. It costs like $195 to file a lawsuit, better to get it in early.
Nice corporate cheerleader spin ya got there. Bottom line is Amazon gets to keep using the name that Apple wanted them to stop using.
Apple is the 'victor' in the sense that their appstore makes more money, but this lawsuit was about using the term appstore.
Apple tried to make it a trademarked term, like Coca Cola. You can have lots of colas, but only one COCA cola. If someone else made a drink called Coca Lola, and Coke sued them, and they can still use the name at the end of the lawsuit, Coke lost. Even it makes more money selling Coca Cola.
Apple lost this one.
No. It's just none of your analogies illustrate the same scenario. I've explained why.
That analogy would make sense if Apple had actually invented the phrase "app store", but they didn't. It's a purely descriptive term of exactly what it is: a store that sells apps. It's non-specific AND descriptive, which means it should be disqualified for protection.
Just because you can't remember hearing the word "app" before doesn't mean that it wasn't used. It's just an abbreviation for application and was used quite frequently. "Program" is just the word that was used in the Windows OS, "application" was used by pretty much everyone else. Even Windows always referred to executable files as "type: application".
The article states that Apple single-handedly chose to abandon the pursuit all on their own, how that can be described as a "settle" is to me a mystery.
Here's a little read-along game that will help you understand the difference:
Microsoft Word is not a word, it's a word processor
Microsoft Windows is not a window, it's an operating system
The App Store IS an app store
You just swallowed Apple PR's lame excuse hook, line and sinker.
It is impossible that someone can believe this, even Tim Cook won't believe such PR spin.
Oh. This should be fun. Do tell us how Apple is a clear victor when they didn't achieve what they wanted....
Nope you are still wrong.
Apple pretty much is the loser here. Dropping this case is a pretty sure fired deal they will not get the trademark on App store which was being objected by pretty much everyone else as being descriptive which can not be trademarked simple as that.
This just pretty much sealed the deal that Apple is not going to get that trademark. They are giving it up.
For Apple to win the case they first would have to win the trademark which was being hotly contested, then they would again have to win in court that the trademark was valid and then prove Amazon's appstore was causing confusion. Amazon just had to win on any one of those and the risk was very high that Amazon was going to win at stage 1 or 2 and then turn around and sue Apple to make Apple pay all of their legal fees.
I'm pretty sure the poster meant "Amazon wins" in a legal sense. And yes, they do.
Yes! That's a subtle, but maybe not so subtle difference. It just happens to sound the same
Agreed.
Good memory. Microsoft opposed Apple's trademark, and they both agreed to wait to see the outcome of the Amazon trial.
Yes. From the early 2000s and handhelds...
Going back even further, to 1981 job ads in ComputerWorld magazine...
I would easily bet that "app" dates back at least to around 1960 as a shortcut for "application" among some programmers. It just wouldn't show up in formal writing.
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Yeah man they just don't have enough money to do both anyways. Now we can just send the legal team to the development department and force the lawyers to create new iPhones and softwares
Like a Dense Lawyer downloading an HD video for his SD iPhone!
Haha that guy definitely did it for the headlines! A colossal waste of time.
Actually, it is about confusion. Most trademark infringement laws around the world have a requirement for "confusing similarity". In the US this is known as the "likelihood of confusion test".
http://en.wikipedia.org/wiki/United_States_trademark_law#Infringement:_likelihood_of_confusion_test
A very good example of this was actually legal action against Apple in Apple Corps v Apple Computer.
Apple Corps is a multimedia company created by the Beatles. They sued Apple Computer over trademark infringement numerous times. An original settlement stipulated that Apple Computer could continue to use their name as long as they weren't involved in the primary industry that Apple Corps was (ie. Music) as they would likely result in confusion.
They were later sued for breaking this condition once they created the iPod and iTunes.
http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
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I never knew Amazon used the term "App Store" anywhere until this post.
Whenever I think of "App Store" I think of Apple's app market - as I think we all do.
Whenever I think of "App Store" I think of Apple's app market - as I think we all do.