Judge Denies Apple Injunction Against Amazon's Appstore

[Rodimus Prime]

*Ranting stuff removed*


NOBODY in the ENTIRE TECH WORLD ever used the term "app" or "app store" until Apple coined these phrase, and Apple trademarked it as well! All these other wannabe companies, like Amazon, are all trying to hitch a free ride on Apple's coattails, when Apple did all the hard work of blazing this trail for them and trademarking this term for themselves!

It would be INSANE for Microsoft to be able to have "Windows" to themselves, if Apple can't have the totally-justified "App Store" all to themselves.

it would be like someone trying to come out with their own "iTunes Store". It's totally ridiculous, and Apple will ultimately win this trial.

Are we really going to go threw this for the 4th or 5th time now. We already showed App store was used before Apple started to used the term.
The term App has been in use since I know the 80's.

We also have explain why Windows is not generic unlike App store.

 

[ahdickter]

Sorry folks, but Apple is 100% in the right on this one, and if the justice system works, then they will ultimately win this trial.

NOBODY in the ENTIRE TECH WORLD ever used the term "app" or "app store" until Apple coined these phrase, and Apple trademarked it as well! All these other wannabe companies, like Amazon, are all trying to hitch a free ride on Apple's coattails, when Apple did all the hard work of blazing this trail for them and trademarking this term for themselves!

If you don't believe that Apple can trademark "App Store" and keep it for their own use (and they sure as hell should be able to do both), then how in the world can Microsoft get away with trademarking the COMPLETELY GENERIC TERM "Windows"? The term "windows" was used constantly by every human, every single day, in both technology and out of technology.

It would be INSANE for Microsoft to be able to have "Windows" to themselves, if Apple can't have the totally-justified "App Store" all to themselves.

it would be like someone trying to come out with their own "iTunes Store". It's totally ridiculous, and Apple will ultimately win this trial.

What the hell are you smoking? Apple has copied numerous things/followed the crowd. The new iOS 5 dropdown notification? Android. The decision to move to Intel-based CPU's? Because they couldn't compete.

Microsoft uses the term "Windows" like Apple uses "OS X".

So what if Apple coined the term first, get over it. That's like saying the first web browser to offer "tabbed browsing" is the only one to call it that (which means Safari cannot.)

If it's a generic term to start with, then you can't keep it. Now if Microsoft suddenly started calling their next OS: "Windows OS X" then there might be a problem.

But a generic term stays generic.

 

[cmaier]

That implies Apple had the trademark to begin with. At this point Apple has only a pending application. I doubt they could succeed at trial without that vital trademark.

They have the trademark. The application is merely for federal registration.

Besides, it isn't really time sensitive because there is no current trademark out there that is being violated.

Yes there is. It may not be an enforceable trademark, but that remains to be seen.

 

[trevorlsciact]

I wish apple would use this money for development instead of this stupid lawsuit.

That is a bit of a fallacy. One is not related to the other, as Apple is by no means short on cash.

 

[KPOM]

Let's face it. Apple's going to lose this one. No one is going to be confused by the Amazon "app store" or any other "app store," for that matter. Windows is a little bit different since Microsoft used the name for their core product. By contrast, the App Store is an ancillary service to the iPhone and iPad.

 

[AppleScruff1]

Good. Poor crybaby Steve.

 

[JAT]

That goes all the way back to the Bible. Eve ate one.

Link, please?

 

[snebes]

As much as well all love Apple, they're being the bullies in the sandbox here. They requested the owner of "pcappstore.com" to turn over the site to them? Honestly, that's just ridiculous.

As someone who has been on the other side of that (and turned the site over), no it is not. It is not worth the battle.

 

[CalBoy]

They have the trademark. The application is merely for federal registration.

Do they? I don't recall reading that. Got a source?

Yes there is. It may not be an enforceable trademark, but that remains to be seen.

Nonetheless, time sensitivity clearly isn't urgent, since Apple lost the preliminary injunction.

 

[EricNau]

I'm with Amazon with this one.

I'm getting tired of Apple sticking their nose where it doesn't belong, just like they did with the ebook market.

 

[Michael Scrip]

I've always wondered...

Google could have called their store "Android App Store" but they went with "Market" instead.

Palm chose App Catalog... RIM went with App World... and Microsoft used Marketplace.

Did these companies do that to avoid any potential problems with Apple? Or were they really trying to be creative?

And is Amazon removing a space and making the word "Appstore" just a lack of creativity?

 

[FakeWozniak]

Just back from vacation

This is the first I heard of the Amazon App Store. I went there to buy Angry Birds for my iPhone 4 and couldn't find it. I thought it was an App Store, where are all the Apps?

 

[rfrmac]

Really

What the hell are you smoking? Apple has copied numerous things/followed the crowd. The new iOS 5 dropdown notification? Android. The decision to move to Intel-based CPU's? Because they couldn't compete.

Microsoft uses the term "Windows" like Apple uses "OS X".

So what if Apple coined the term first, get over it. That's like saying the first web browser to offer "tabbed browsing" is the only one to call it that (which meansst Safari cannot.)

If it's a generic term to start with, then you can't keep it. Now if Microsoft suddenly started calling their next OS: "Windows OS X" then there might be a problem.


Really, well you would be wrong there. Ever try to get a product name cleared? Your so call generic terms do not exists. It all depends on use. Apple has to go for it.

 

[hissyfit]

hmmm...

imitation is the highest form of flattery... or so it's said.

 

[snebes]

Do they? I don't recall reading that. Got a source?

http://www.apple.com/legal/trademark/appletmlist.html

 

[cmaier]

Do they? I don't recall reading that. Got a source?

They use the term in commerce to represent the source of a good or service - hence it is a trademark.

Registration is a completely different issue that grants nationwide protection (as opposed to protection limited by geography of use) and which grants certain rights under federal trademark laws. However, unlike patents, states also grant protection to marks used in commerce to represent the source of goods or services.

 

[kdarling]

I don't mean that Apple should control the term but has it been established who first used the term.

Come on, we only need to look back 5 years to get this information. How hard could it be.

We need to look back at least fifty years, not five.

Back in 1960 there were groups and books dedicated to Computer Applications, and I'm pretty sure the use of the word with computers dates back at least another ten years to the early 1950s.

As for "app", my resume stated Embedded Application Programmer back in the early 1980s, and we used "embedded app" all the time. I guarantee you that "app" dates back as long as "application" does.

I've also already posted articles from 2000 and 2001 where Windows Mobile and Palm writers talked about "apps" for their devices.

The upshot is: neither "application" nor "app" is a new term.

NOBODY in the ENTIRE TECH WORLD ever used the term "app" or "app store" until Apple coined these phrase, and Apple trademarked it as well!

You've obviously missed all the months of discussion about this topic. For one thing, the very similar word "Appstore" was trademarked years before Apple did, by another company who later gave it up. So it's not a totally new idea.

All these other wannabe companies, like Amazon, are all trying to hitch a free ride on Apple's coattails, when Apple did all the hard work of blazing this trail for them and trademarking this term for themselves!

All the above said, I do agree that Apple was the first to widely use the slang term "app store" instead of "application store". Not sure that merits a trademark, though.

If you don't believe that Apple can trademark "App Store" and keep it for their own use (and they sure as hell should be able to do both), then how in the world can Microsoft get away with trademarking the COMPLETELY GENERIC TERM "Windows"?

"Windows" does not generically refer to an operating system. "App store" generically refers to an application store. Even Apple's top brass used "app store" generically in reference to their competitor's markets.

it would be like someone trying to come out with their own "iTunes Store". It's totally ridiculous, and Apple will ultimately win this trial.

It's not like that at all. "iTunes" is a made up word and clearly belongs to Apple. "App" is a slang word that's been in use by developers for decades.

 

[azurebat]

Sorry folks, but Apple is 100% in the right on this one, and if the justice system works, then they will ultimately win this trial.

NOBODY in the ENTIRE TECH WORLD ever used the term "app" or "app store" until Apple coined these phrase, and Apple trademarked it as well! All these other wannabe companies, like Amazon, are all trying to hitch a free ride on Apple's coattails, when Apple did all the hard work of blazing this trail for them and trademarking this term for themselves!

If you don't believe that Apple can trademark "App Store" and keep it for their own use (and they sure as hell should be able to do both), then how in the world can Microsoft get away with trademarking the COMPLETELY GENERIC TERM "Windows"? The term "windows" was used constantly by every human, every single day, in both technology and out of technology.

It would be INSANE for Microsoft to be able to have "Windows" to themselves, if Apple can't have the totally-justified "App Store" all to themselves.

it would be like someone trying to come out with their own "iTunes Store". It's totally ridiculous, and Apple will ultimately win this trial.

Well, my company has used an internal web application for many years call the app store. And, I know I and many others have used this term for years. So, I don't think you can say NOBODY. I hate to burst bubbles, but we did actually do and think of things prior to 2007.

In addition, do apple iOS product owners not know that apple controls every aspect of it. Not Amazon, RIM, Samgung, Microsoft, etc. Or, are there enough apple consumers not intelligent to know this so it is a concern?

 

[Rocketman]

Apple "popularized" the term. That is not the same thing as inventing it. It is not the same thing as using it exclusively. They made it a term familiar with the general population and associating it with Apple. That counts. Their lawyers are stupid enough to not make that obvious claim, and they should pay me $1M for bringing it to their attention so they can win the case.

Just RM

 

[FakeWozniak]

Do they? I don't recall reading that. Got a source?

First, go to here:
http://tess2.uspto.gov/

Then click 'Basic word mark search'.

Then enter this phrase in the search term field:
app store

Then click 'submit query'.

Click on serial number 77525433.

 

[Yamcha]

I'm so glad, in my book appstore is a generic word, just like the word burger or fries.. you cannot keep it for yourself .. you gotta share it with the rest of the world..

 

[un.titled]

When I was a PC user, I never really heard of the word application (Program instead), until I switch to my first mac.

 

[Zyniker]

A significant number of those commenting in this thread (and in similar ones) seem very much to be focused on whether or not end users will become "confused" if both Apple and Amazon use the term "App Store" (or some variant thereof). While it may not appear to the users of this site that confusion is probable or, perhaps, even possible, simply reading through the comments in the various threads addressing the topic will point out how mistaken that belief is. A few preliminary points and then a little highlighting of what should be obvious (but, apparently, is not):

• This site is largely, though not exclusively, a site for those who are relatively tech adept.
• A large percentage of Mac users could not even tell you what the "Finder" is.

While it may seem ridiculous to the users of this site that some people cannot even locate the Finder (and much less know what it is), the average computer user is not particularly au fait with the machine that he may very well use every day. Most computer users know the software they have to know for work and for personal use and not a whole lot else. This is not entirely unreasonable. It would be a very sure thing to wager that the average user of this site could not deconstruct and rebuild the engine in his vehicle. Why? Because the average user of this site neither needs to do this in his work or his personal life nor does he have a hobby that involves such a task.

Now, to the point at hand: How many comments in this thread alone have stated that it is 'good Apple lost this one' or some similar inanity? Even attributing some of these to sloth (as not everyone reads the article before drooling something into his keyboard), it would appear that a certain portion of the users of this site do not possess the knowledge (or reasoning ability) to recognize the difference between the denial of a preliminary injunction and the loss of a trial.

Taking into account that the article clearly states that the judge also set a trial date of October 2012, it is most trivial to reason (even if one is not possessed of the knowledge before reading the article) that Apple did not lose the case at hand. Yet some individuals have failed even this remedial test. Is it, then, such a stretch to believe that some users will, indeed, be confused by the use of the term "App Store" by both Apple and Amazon?

 

[deadlystriker]

Well, Jobs took "apple" from Apple Records way back then.

 

[Blorzoga]

good. No one will get "confused" because Amazon has an App Store. I think its a generic name. Windows, Safari, Mac, Apple, Macintosh, all existed before Apple and Microsoft. A safari is a type of vacation tour thing. Windows.... well my home was built before Microsoft, and it had Windows.. you know those clear panes of glass. Apple... That goes all the way back to the Bible. Eve ate one. . Macintosh.... well thats a KIND of Apple. Think of a specie of Apple.

Hell I don't get confused between the fruit and company.

Your comment doesn't make any sense. All the terms you mentioned are trademark protected. No one can sell an operating system called Windows except Microsoft, no one can sell a computer called Mac except Apple. No one can name a computer company Apple. You totally miss the point of the legal action.