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 heart is in the right place, but...
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Judge Denies Apple Injunction Against Amazon's Appstore
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Your heart is in the right place, but...
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.
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.
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.
You should first ask Steve Jobs to NOT use App Store in a generic way. Then we can talk. OK?
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.
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?
Yet, interestingly enough, the term "application" was used all over the Windows file system tools, since at least 2000:
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.
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?
Of course this statement has less weight if your are now only 17.
Considering I am currently 28 years odd that should change things.
I'm at least 45 years odd. There were a few years before speech that I was normal.
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.
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.
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.
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.
That is only an application for the trademark. Note the registration number is missing as it hasn't been granted.