Apple Sues Amazon Over 'App Store' Trademark

[Kwill]

App Store vs Appstore.

amazon is spelling it with no space between app and store as in appstore.

I have to say that with Apple's R&D budget being as miniscule as it is they really make too much fuss about their patents.

Businessmen and creatives must have at least a rudimentary knowledge of rules covering intellectual property. (Though registered at the PTO, this is a trademark, not patent, issue.) Anyone in these areas would realize why Apple must file suit.

Trademark laws govern confusingly similar terms. Clean Next tissues would infringe upon Kleenex. So the latter would appropriately file a cease-and-desist request followed by law suit if unresponsive.

 

[emwgradstudent]

The way I see it falling...

Here is the way I see this turning out now that Amazon has joined the battle. They clearly have it different by using "amazon appstore," but I think they are going to need to make it more specific. The "Mac App Store" and the "iOS App Store." Very simple.

 

[v66jack]

Thank goodness for Apple!
I'm glad someone (Apple) is willing to stand up for the little guy against big evil companies that bully people like Amazon.com does!

I wouldn't say Apple is the little guy. There are plenty of small companies that they sue.

For example that small Chinese tech company that owns the iPad trademark in China. Not that Apple are bothered. They just sell iPad's anyway. Apple is hardly the small guy.

 

[samcraig]

Tell that to Psystar!
/
/
/

Psystar and this issue aren't remotely related....

 

[Ubuntu]

So how is 'Windows' not a generic term?

Windows is an Operating System. If it was called Operating System it'd be the same case.

 

[toddybody]

Grow up Apple...you really think Amazon is going to steal your thunder?

 

[bretm]

Good....

No one ever said the word "app" until Apple's App Store...

I know you're kidding. Applications have always been called applications. Apple and Windows have called them applications since, well, always. Apps is a term I've used all my life. It's just a natural abbreviation of applications. Apple does have the trademark for whatever reason. True, no one else thought to call their store app store. I hereby call dibs on ProgMart.

 

[gwangung]

The term 'App Store' is about as generic as the word 'iPod'. People still refer to mp3 players generically as iPods, and I don't see this as anything different than if Apple sued if Google came out with an mp3 player that they called an iPod.

Jeez, I'm glad somebody knows what they're talking about.

It may not be an open and shut case, but Apple has a lot on their side. (Folks knew that if you DIDN'T fight in court over this, it would BECOME generic, right? Like kleenex?)

 

[yanksrock100]

Oh yea, theres no copying there.
Apple Owns- App Store, Mac App Store
The only reason people even call it an App is because of apple.

What creative genius at Amazon said "Hey guys, the Amazon Appstore!"?

lol. These guys are getting paid big $$$ for this copying?

 

[TennisandMusic]

So how is 'Windows' not a generic term?

Because it's "Microsoft Windows".

This wouldn't be much different from a placed called "The Grocery Store", and then trying to trademark it so that no other food place could refer to themselves as a grocery store. It's a bit silly.

 

[samcraig]

Everyone can go read here. It's all been said.

https://forums.macrumors.com/threads/1106132/

 

[tinman0]

It is not going to hold up in court. App store is pretty much the definition of genericized trademark.

Trademark stands from 2008 when the application was applied for. In 2008, AppStore was not a generic term.

 

[nec207]

And conversely, Apple is being sued by plenty of organizations for trademarks, patent and other infringements....

The only winners here, truly are corporate lawyers. At the end of the day - the consumer doesn't care and really isn't affected

Really how so? It seem windows is doing the copying that see.

-apple first mouse
-apple first GUI
-apple trash/windows recycle bin
-apple widgets/windows gadgets
-apple apps / others makers use the word apps
-apple iphoto and itunes / windows crude way of trying to copy.

None of these things windows invented first!!!

Next it be windows ipad windows 8 OS and windows 8 the dock !!

 

[yanksrock100]

Windows is an Operating System. If it was called Operating System it'd be the same case.

So apple can say.... "Scratch that Lion stuff guys, lets call it.....Windows!"
I dont think operation systems get special treatment in court.

 

[twiggy0]

App is short for "applecation" rather than application.

Thanks for the laugh!

 

[spydr]

If Amazon can protect a generic phrase and a commonsense concept like 'One Click', (and Apple uses the term paying appropriate royalties), it is only fair that Apple should be able to protect 'App Store'

There was indeed nothing like it before apple's. Now that everyone and their dog wants to run one, they need to come up with their own monickers.

 

[garyhoare]

I know you're kidding. Applications have always been called applications. Apple and Windows have called them applications since, well, always. Apps is a term I've used all my life. It's just a natural abbreviation of applications. Apple does have the trademark for whatever reason. True, no one else thought to call their store app store. I hereby call dibs on ProgMart.

I'm calling BS. I never heard anyone use the term App before the iPhone. I remember reading the word and thinking, "Come on Apple. That's a little cutesy isn't it? I heard "application" from Mac people and "program" from PC people. Never "app."

 

[Yamcha]

It is a generic term . You guys have to admit.. If they were taking "Mac App Store", then I could understand, but "Appstore" is indeed a generic term, I don't know why Apple is keeping people from using it, next thing you know Apple tries to take the word "Application" ...

Honestly its pretty ridiculous, Appstore is short for Application Store.. I bet there are tons of people who used that term long time ago, before Apple decided to keep it as there own..

 

[TennisandMusic]

So apple can say.... "Scratch that Lion stuff guys, lets call it.....Windows!"
I dont think operation systems get special treatment in court.

No probably not because it's an operating system, and having a NAME for an operating system isn't the same thing as "Mac App Store". If it was called Microsoft Operating System, then Apple could call theirs Apple Operating System.

I could surely open a business called San Diego Windows, and MS wouldn't be able to come after me, because I wouldn't be selling software.

 

[Yamcha]

I'm calling BS. I never heard anyone use the term App before the iPhone. I remember reading the word and thinking, "Come on Apple. That's a little cutesy isn't it? I heard "application" from Mac people and "program" from PC people. Never "app."

I disagree, when I tell people what I use to do my Web Design work, I always say "The applications I use are Photoshop & Illustrator", I never say "Programs"

The word App has been around a long time before 2008, thats for certain..

 

[Erwin-Br]

So how is 'Windows' not a generic term?

So how is "Apple" not a generic term?

Seriously, though, the difference is that Windows and Apple are terms unrelated to what they represent. Microsoft isn't selling windows, and Apple isn't selling fruit. However, Amazon's App Store really *is* an application store.

 

[samcraig]

Really how so? It seem windows is doing the copying that see.

-apple first mouse
-apple first GUI
-apple trash/windows recycle bin
-apple widgets/windows gadgets
-apple apps / others makers use the word apps
-apple iphoto and itunes / windows crude way of trying to copy.

None of these things windows invented first!!!

Next it be windows ipad windows 8 OS and windows 8 the dock !!

Yes - I could rewrite history too if I wanted... Apple has never been sued and has never copied ANYONE.. ever...

I'm calling BS. I never heard anyone use the term App before the iPhone. I remember reading the word and thinking, "Come on Apple. That's a little cutesy isn't it? I heard "application" from Mac people and "program" from PC people. Never "app."

You must be young. I've heard the term Apps for about 25 years. App Store - not as long - but Apps? Oh yeah.. OLD.

 

[DopeyFish]

windows is not a generic term because they're not selling windows. That's what makes it different. It's a generic word, yes. but they effectively used another word in place of what the product is. Windows is an operating system. you're buying an operating system.

The AppStore is *drum roll* an app store! it should not be allowed to be trademarked.

it's the same as home depot changing their store names to hardware store or mcdonalds trademarking restaurants.

i hope a judge slaps down apple because it is quite flagrant.

 

[Avalontor]

I'm calling BS. I never heard anyone use the term App before the iPhone. I remember reading the word and thinking, "Come on Apple. That's a little cutesy isn't it? I heard "application" from Mac people and "program" from PC people. Never "app."

you need to get out more. everything you said is just plain wrong. calling BS with the steaming pile you just wrote was worth a chuckle tho.

 

[nagromme]

The term seems SO obvious now, I had forgotten that Apple is the one who popularized it.

Which, I guess, is exactly why they’re choosing to defend the trademark.

I really don’t care who wins, but I can’t fault Apple for defending the trademark they own.