Apple Continues Sending Cease and Desist Letters Regarding 'App Store' Usage

[bsolar]

It's not a blunder, and it's stupidly simple to respond to. If any of Apple's lawyers has half a brain, they will do so easily and it won't take much time.

Come on, it's a huge blunder. He used the term he would like to see trademarked in a generic way to describe other companies's Application Stores, I can't imagine a better gift to whoever wants to see the term not trademarked.

It doesn't mean Apple will automatically lose, obviously. Their lawyers will try to offer their interpretations and downplay that sentence, but those on the other side have one more bullet to use as ammunition, and a pretty convincing one at that. Not all lawyers with half a brain work for Apple.

 

[Vegasman]

Steve Jobs did not use it as a generic term. He used it in the same sense as, "Microsoft is creating their own iPod." If Apple's lawyers can't answer that stupidly simple question, Apple needs new lawyers.

He also used it in the context of "My app store" is bigger then "Your app store" which implies the existance of more than one app store.

 

[BC2009]

I for one am hoping for a decision by the USPTO on this sooner rather than later so we can all just move on.

Clearly Apple is filing the lawsuits so nobody can point at examples of them failing to defend their unregistered trademark.

I just feel all the evidence anybody is going to need on this is already apparent, so the USPTO should make a decision to issue the registration for the trademark or deny it. Let this all be done already.

Either "App Store" is something Apple commercialized and built a brand around and therefore deserves trademark protection OR "App Store" is a descriptive generic term that describes any store that sells software applications. It seems that with each objection and counter filed with the USPTO we have to wait for some allotted time to elapse for a response before the USPTO can move on and make a decision. This has gone on long enough.

 

[Cloudsurfer]

I agree with Apple. On OSX, applications have been called apps for years, while other computer users simply referred to them as 'programs'. Heck, even the file extension for applications on a Mac is .app. So App Store was a logical step, and now people want to ride on that success by suddenly calling their programs apps? Please.

Apple worked hard to get on top and deserves the right to use App Store exclusively.

 

[KnightWRX]

I agree with Apple. On OSX, applications have been called apps for years, while other computer users simply referred to them as 'programs'. Heck, even the file extension for applications on a Mac is .app. So App Store was a logical step, and now people want to ride on that success by suddenly calling their programs apps? Please.

Apple worked hard to get on top and deserves the right to use App Store exclusively.

This is wrong, has been proven wrong so many times in these threads it's not even funny and just shows how much you're either not following this stuff at all or just trying to stir the pot, and it has no relevance to this case as no one is discussing a trademark for "Apps" or "Applications".

Do we again need to dig up all the old publications with "Applications" referring to computer software from the 80s, 70s and older ?

Application is not an Apple specific term, never was.

 

[kiljoy616]

We need a new section that is for "who is suing who" considering how much of it there is over everything under the sun.

 

[mixel]

Apple won't and shouldn't get the mark... Can't blame them for trying though.

I've called folders "apps" folders since I was primarily an Amiga user.. And the "programs" within i've always thought of and referred to as apps. Just look up apps on google and its so generic that sticking store on the end shouldn't be trademarkable. it's like trying to trademark "cake shop" as a name for a cake shop.

The term "killer app" has been common since god knows when.. People have been calling applications apps forever.. Apple can't just come along and take it in any context, and a judge would be crazy to rule otherwise.

 

[unlinked]

I agree with Apple. On OSX, applications have been called apps for years, while other computer users simply referred to them as 'programs'. Heck, even the file extension for applications on a Mac is .app.



.

The only problem with this claim is that it is not true. People repeating it doesn't make it so. Neither does the fact it may be true in their experience.

 

[noripwr]

while you guys are debating whether or not the term is too generic, I'm wondering to myself what the hell a PC app store is. Since when did the generic PC or should I say Windows machine start having apps? I'm looking at explorer and I still see my programs placed under the 'Program Files' directory.

I'm just saying. Sounds silly for a PC dominant industry to use the 'program' term for so many years only to suddenly start rebranding them as apps because of the word's usage today.

 

[paul4339]

Notice the abandonment date. This trademark never was granted.

Correct, but Sage, did get Approval and they just didn't file the statement of use and it was abandoned.

Salesforce.com also got rejected initially, but changed their wording and the application got approved as well (Apple objected).

 

[unlinked]

while you guys are debating whether or not the term is too generic, I'm wondering to myself what the hell a PC app store is. Since when did the generic PC or should I say Windows machine start having apps? I'm looking at explorer and I still see my programs placed under the 'Program Files' directory.

I'm just saying. Sounds silly for a PC dominant industry to use the 'program' term for so many years only to suddenly start rebranding them as apps because of the word's usage today.

Since you are already in explorer look at the type column and let us know what the type is for exe and dll files.

 

[Azathoth]

I think it is interesting that Amazon is choosing to fight this battle. Wouldn't it be easier to just use some kind of generic name that does not openly try to compete with Apple's App Store trademark?

Clearly Apple thinks they have a competitive reason to fight back.

Apple is not going to give up after one judge renders a verdict. Not on this one anyway.

Or perhaps Apple is feeling rather threatened by Amazon, who is a huge force in retail and now encroaching on some of Apple's turf (music downloads).

Moreover, unlike Google, Amazon seems to know how to stay focussed and execute a cohesive strategy.

 

[gnasher729]

instead of wasting their time on this Apple needs to fix the iOS issues in 4.3.3

So how do you think Apple's lawyers would help with that? Sue the bugs?

 

[lemoncrsh]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_3 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8J2 Safari/6533.18.5)

We had apps in the 90´s. Palm apps. Then pocket pc apps. We had app stores (pocketgear, handandgo...)

"App Store" is GENERIC. I hate when people thinks that apple invented mobile apps. They sure did a lot to make them popular, but we had apps and apps stores years before the iphone.

The difference is that they didn't call it Pocketgear App Store

 

[Oletros]

The difference is that they didn't call it Pocketgear App Store

And?

 

[mdriftmeyer]

The more companies attempt to leverage App Store the stronger Apple's case becomes.

 

[314631]

Apple should have used iApp Store. Nobody can dispute Apple has the right to put a small i in front of anything and claim ownership of the word.

 

[Rodimus Prime]

The more companies attempt to leverage App Store the stronger Apple's case becomes.

Sorry it is the other way around. The more company that try to use it the WEAKER Apple case becomes.

Even if Apple is granted the trademark they still have the court case with Amazon to go threw. If Apple is denied the trademark or losses the case with Amazon it will not have a trademark on App Store. Amazon only needs to make sure Apple loses one of them.

 

[Oletros]

The more companies attempt to leverage App Store the stronger Apple's case becomes.

Which companies are leveraging Apple and why it makes stronger the case?

 

[76ShovelHead]

Out of all the comments I've read from all the threads about Apple's copy right I have yet to see someone make this point.. So here goes.

I can understand Apple's frustration with their App Store dilemma. So many people on here are saying just forget about it, and while it may be the right thing to do Apple has yet to step up and be the "bigger company." But regardless, I find it annoying too that once Apple releases something everyone has to copy it! Google Chrome has a Web Store, Amazon HAD a marketplace (Did they not?) and so does Windows. And out of all the names they could've went with, Like Google's "Web Store", Amazon has to drop their originality to jump on the bandwagon so they can call themselves the "Amazon appstore." If you had someone copying you (Or in this case, companies copying you) wouldn't that just tick you off?

I'm not rooting for apple, or amazon, I'm just telling it how it is.

 

[Taank]

the name was almost never used before the iphone apps

I have had folders in my Program Files directory called "Audio" "Video" "Games" and "Apps" since somewhere around 1992. (if not earlier, I'm trying not to exaggerate though)

But, I'm just one person. I would think that something I saw must have inspired me to name that folder Apps... but hey...maybe not. Maybe I actually invented the word!

The way some people around here defend Apple, nomatter what, amazes me.

 

[hfletcher]

I think regardless of whether or not Apple should be allowed to trademark "App Store", they shouldn't be going after small, un-important companies and domain names. There are bigger players they should be going after, who have the resources for a legal battle.
Basically, what I'm saying is: Apple, pick on someone your own size!

[Also, I 100% disagree with the TM App store - it's pretty generic, in my opinion]

 

[0997853]

Apple whining again... It'd better feed some poor people with the money spent on lawyers with stupid thngs... Or give them iPods (to those people, not lawyers)

 

[benthewraith]

A generic term that wasn’t in common use before Apple (unlike, say, the term “windows”). In fact, the term “apps” wasn’t even used much pre-iPhone.

But losing that term wouldn’t hurt Apple or the App Store that much. They do have to defend it—look at all their ads about the “App Store” (not the “iPhone, iPod Touch and iPad App Store” or the “Apple App” store or “iOS 5 App Store Which You Can Also Shop From Mac and Windows"). But if they lose, I won’t much care.

Confusion is highly possible: someone sees an Apple App Store ad, or vaguely remembers the whole slew of them in general, and then goes to the store and buys an LG phone because it advertises an app store. Remember that the world (and the consumer touch-computing market Apple created) is not full of people as tech-savvy as we tech-rumor forum-goers! But I see future confusion/dilution being more of a problem: one that builds over time (through the efforts of competitor’s marketing). Not that much present brand dilution.

You mean the one where Apple says people who don't have iPhones don't have access to the App Store, the only place to buy apps?

 

[Michael Scrip]

Here's my take on it:

Whether or not Apple gets the actual trademark... they chose to call their app store the "App Store"

They opened that store in 2008... and there have been many other stores since then:

Android Market (Google)
App Catalog (Palm)
App World (Blackberry)
Ovi Store (Nokia)
Windows Phone Marketplace (Microsoft)

None of those use the words "app" and "store" in their names. Why? Did they want to differentiate themselves from Apple's offerings? Was it more of a gentlemen's agreement? I don't know.

My question is... would Google have a problem if we were talking the "Amazon Market" instead? Especially if it sold Android apps?

There is already an "Amazon Marketplace" but it doesn't sell apps. So I guess Microsoft couldn't complain.

Trademark law aside... Apple got there first, so to speak.

But... I totally understand the "generic term" argument... and I don't look for Apple to win this one. But come on... all those other companies found a creative name to call their store.

What's funny is that we're talking about the company who completely changed the words "amazon" and "kindle" in our lexicon. I would have expected a better name than "appstore"