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Apple Sues Amazon Over 'App Store' Trademark
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I would read up on trademarks.
As a trademark owner you have to defend every infraction of your trademark, otherwise its deemed abandoned, and then its a free for all.
Also, trademarks are awarded in catergories. Apple inc, will have it's products listed in one or two catergories for instance.
Not knowing the grocery store example, Apple either contacted them because of a logo infringement, or were playing the very standard game of protecting their brand as they are required to do. The grocery store would likely reply that they are a grocery store and not a computer manufacturer. This would then allow Apple to cease any action as they have defended their marque, and received an assurance that the other company is totally different.
If the logo was similar, then Apple do have a leg to stand on because Apple also own stores, and a similar logo on the high street could cause confusion. (Albeit not for long). However, Apple still have to defend their marque.
Trademarks aren't there to remove English words from the dictionary, they are their to protect the investment a company has in building its brand. If there were no such protections available, then there would be 400 companies called Apple all producing iPads, and you would struggle to work out which one is the real manufacturer.
I think its the other way around, the forums are infested with Apple fanboy's. I love some of the things Apple has done, I use OSX as my primary OS, never went back to Windows, I've even got an iPod Touch..
But as far as this is concerned, it is a generic term, and I think everyone should be able to use it, including myself..
Poor little apple, they are afraid the Amazon will take a sliver of their pie.
I could see this going either way in court.
They won't lose any profits from it because Apple's iOS App Store will still sell iPhone software exclusively. The Mac App Store would still sell software for the Mac, and the other App Store would likely sell both. Apple wouldn't make any money from the selling of Windows software on the store. The only potential loss is Mac software on Amazon's app store because they couldn't get a piece of the pie from it and it sounds so similar to their own store. Ultimately it sounds like Bob's Grocery and Joel's Grocery, with Bob suing Joel's for using Grocery in his name.
Strange, I've been in IT for 20 years, and until Apple produced the App Store, I've never heard anyone in IT (or outside IT for that matter) use the word "app", let alone "App Store".
The legal point here is proven by Amazon's use of the name: they are trying to tie themselves into already existing mindshare (mindshare being the entire point of trademarks). App Store is not the only possible name for a place that sells software, but it is instantly recognizable and TRADEMARKED. It's doubtless that Amazon chose this because of that mindshare and wanted to associate with the already present market for downloadable mobile software titles. In 2004, nobody ever said "I'll just get it off the app store" or anything of the like, but after the launch of Apple's version, they do. Mindshare created, trademark awarded. It may be a simple term, but it definitely has value, which Amazon is trying to leech.
They can seem more intelligent when arguing with a friend, whom wishes to own or owns Apple products.
It's not just about loss, but about consumer confusion. If someone has heard good things about Apple's App Store they may buy into Kindle and Amazon's App Store thinking they are the same thing. That is the confusion and also a possible financial loss to Apple.
Amazon are merely trying it on right now.
They don't compete for apps... so there won't be confusion. It's not like buying any brand of video tape for a video camera. iOS apps ONLY run on apple and you can't buy them elsewhere. Same in reverse.
And p.s. - you're 100 percent wrong. Apps has been around for 25 years as a phrase. Even PALM had apps for their pilots. Fact. I had several - and they were always referred to as apps. But nice try.
You are wrong; it can easily result in customer confusion. If a new app comes out, and all you hear is to download it from the App Store (with no mention of platform), where do you go? Maybe if you search both you will find your answer, but that's textbook customer confusion.
Tell me how you can buy something from Amazon's app store and load it on an iDevice
Tell me how you can buy something from Apple's appstore and install it on something OTHER than an iDevice
So I ask - WHAT confusion?!
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Mobile/8F190)
Why should any consumer care. It has nothing to do with the thinness of the iPad or the battery in a MacBook. It's a legal issue.
If you were in their position you'd do the exact same thing. Battle for your interests at every opportunity and control and extend every aspect of your branding.
Apple makes great products that drive the industry. They've been waiting to be in this position for decades. Now it's time to expand and consolidate, being able to decide their own destiny, beholden to barely anyone but shareholders and consumers under warranty.
It's just business.
And no one ever said App until the App Store. It's rightfully Apple's. They've earned it and I hope their stellar legal team chalks up another win.
Why should any consumer care. It has nothing to do with the thinness of the iPad or the battery in a MacBook. It's a legal issue.
If you were in their position you'd do the exact same thing. Battle for your interests at every opportunity and control and extend every aspect of your branding.
Apple makes great products that drive the industry. They've been waiting to be in this position for decades. Now it's time to expand and consolidate, being able to decide their own destiny, beholden to barely anyone but shareholders and consumers under warranty.
It's just business.
And no one ever said App until the App Store. It's rightfully Apple's. They've earned it and I hope their stellar legal team chalks up another win.
It's called the Apple App Store, so there's nothing wrong with the Amazon App Store. It's like the Hugh G Rection's Grocery Store suing Jack Mehoff's Grocery Store for using "grocery store" in their store name.
"Appz" has been used on a warez scene for some time. I have also heard developers say things like they would "write an app" back when I used to work with them - about 9 years ago. That's the about the closest recollection I have.
Still, I believe Apple has a case.
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Remember a place called "The 35cent Hamburger Stand"? Why didn't they call it "The Generic Hamburger Stand"?
WRONG. Other OS before Microsoft called the rectangular dialogue boxes "windows."
You can't, but that probably won't stop the general public from thinking they might be able to buy something from Amazon's "app store" and load it on their iPhone. Think about people who don't frequent sites like this, are they likely to be confused? If so, Apple has a case. Occasional use of "app store" doesn't preclude using it as a trademark, only if it were highly generic like "grocery store". The Container Store is an example. I'm willing to bet your could find references to "container store" predating their trademark application, but no one used it in trade, and it was not a widespread generic term like grocery store or hardware store either.
So with this defense you're saying it's OK for someone who owns a bunch of orchards to sell stuff in a place called The Apple Store? In Britain, could the next male monarch sell fast food at a Burger King?
Grocery store is allowed because grocery isn't some word that was coined by one company. It's extremely generic. I had never heard the term "app" used to describe an application before the App Store. It doesn't matter whether 10 people had a programming club that called it that just in that club. It matters what happens in general usage.
Other companies can fight it all they want, but I think Apple will win these cases. It's almost insulting that Amazon shortened it to one word.
