Judge Denies Apple Injunction Against Amazon's Appstore

ouimetnick said:
Apple... That goes all the way back to the Bible. Eve ate one. :p. Macintosh.... well thats a KIND of Apple. Think of a specie of Apple.

Hell I don't get confused between the fruit and company.
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Your heart is in the right place, but... :confused:
 
Zyniker said:
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?
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I agree but offer a more efficient paraphrased version... Some people making comments on this story are so blind of information spelled out clearly in the article that confusing Apple's and Amazon's "App Stores" would be one of their better mistakes.
 
deadlystriker said:
Well, Jobs took "apple" from Apple Records way back then.
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AppleScruff1 said:
Yes he did. And used an apple for a logo too. But that's ok because Steve did it. If anyone else does something like this, he sues them.
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The basis of trademark law is likelihood of consumer confusion. A trademark applies only to the geographical locations and products for which it is used in commerce (or registered).

A record is a very different thing than a computer. The only argument Apple Records was able to make is that the computer was capable of playing music.
 
scotty321 said:
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.
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You should first ask Steve Jobs to NOT use App Store in a generic way. Then we can talk. OK?
 
scotty321 said:
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.
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Are you serious? "NOBODY in the ENTIRE TECH WORLD ever used the term "app" or "app store" until Apple coined these phrase"? Ever hear of a Killer App? App is short for Application, and has been used since the beginning of personal computing! Just because you hadn't heard it doesn't mean other people didn't use it.

Now that being said, I think this case could go either way. Even if Apple loses making this case is a good business move. If they win, they will have secured a very valuable trademark.
 
Michael Scrip said:
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?
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All these companies want to do is be able to describe their store:

"Microsoft has an app store called Marketplace"

If Apple trademarks app store, they would not be able to make such a statement.

Got it?
 
un.titled said:
When I was a PC user, I never really heard of the word application (Program instead), until I switch to my first mac.
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Yet, interestingly enough, the term "application" was used all over the Windows file system tools, since at least 2000:

windows_apps.png
 
un.titled said:
When I was a PC user, I never really heard of the word application (Program instead), until I switch to my first mac.
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does not change the fact that the term Application and app were generic even back then.
If you were part of any developer in the past what 50+ years the terms get used pretty interchangeably.
Biggest different is Application has gotten more out of the geek crowd but that does not matter in if something was generic or not.

I know I have been using the term interchangeably since I started programming when I was 15 years old.
 
Rodimus Prime said:
I know I have been using the term interchangeably since I started programming when I was 15 years old.
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Did you ever go on to get a Bachelors or Masters degree in Computer Science? You'll have to trust me that I do, and I have learned the classic languages like Fortran, Pascal, VAX machine language, and they were never 'Apps' or even 'Applications'. I wonder if it was a PC (IBM, Apple, Commodore, or Atari) thing.

I respect that you have your experiences and don't believe you are deceiving or exaggerating.

Out of curiosity, what environment did you program in when you were 15?
 
scotty321 said:
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.
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There's a few of you in every thread that think just because you've never heard 'app' used before that it didn't exists before Apple "came up with it'. You're absolutely completely wrong.

As for the 'app store' vs 'windows' argument is moot as well. MS has 'Windows' to themselves when it comes to software but people who make windows (the kind with glass in them) are still free to call them that. Apple's to oranges.
 
Rodimus Prime said:
Considering I am currently 28 years odd that should change things.
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Try being even for the next 28. Thrill ride!!

BTW, anti-Apple folks:
"app" ≠ "app store"
"application" ≠ "app store"

I feel like that could be an xkcd hit, but he's basically anti-Apple, too.
 
JAT said:
Try being even for the next 28. Thrill ride!!

BTW, anti-Apple folks:
"app" ≠ "app store"
"application" ≠ "app store"

I feel like that could be an xkcd hit, but he's basically anti-Apple, too.
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go read the first page. You have some people here who boarder on among the Apple fanboy group saying Apples cases was crap.

I also suggest you go look at the other threads that have gone over these that explain why App Store is generic and as such can not be trademark.
 
BillyBobBongo said:
Common sense prevails!
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The writing is on the wall. If the judge thought Apple had a case, it would be set at the end of the year. The fact that the judge pushed the start of the case into Q3 of next year without a preliminary injunction really puts things in perspective.
 
snebes said:
http://www.apple.com/legal/trademark/appletmlist.html
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cmaier said:
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.
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FakeWozniak said:
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.
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I should clarify: a registered trademark that actually denotes any level of legal exclusivity. Any Schmo can put TM after something. It's the registered status that gets you legal protection, and importantly, the legal rights that allow you to sue others and request injunctions.

Until then, this is a tinkling contest and nothing more.
 
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