Nothing has been decided. All the judge said is that she won't force Amazon to stop using the term while the case is decided.
This won't be over for several years.
This won't be over for several years.
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Judge Skeptical of Apple's 'Appstore' Trademark Claims
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Rodimus Prime
macrumors G4
It was one of them. Sorry I do not have a link to were it was posted here but to me I though it was a comedy gold mine.
I read that and I could only think "REALLY? That is their argument"
It was actually used in the Mac OS wasn't it. The windows environment on the original Machintosh they copied by having access to the code to write word for the Mac. I remember a friend talking about how he could open different windows on his mac. I guess I could be wrong, but that what I remember
mdriftmeyer
macrumors 68040
Thats part of Apple's claim but the term 'App' is generic so the claim may not hold up. This will be a tough one for Apple.
They did file for the trademark in 2008, I think. And they were granted the trademark in Europe.
In the US, however, Microsoft requested a summary judgement to block the trademark acknowledging that Apple was the pioneer, but claiming the word has become too generic (it now has a 'de-facto secondary meaning').
Since then MS also filed for an EU declaration of invalidity.
wordoflife
macrumors 604
Sorry Apple, but I agree with the judge here.
Plus, no one cares what you call your download centers/marketplaces/app stores ... we just care about the apps.
And quite obviously, the Amazon App Store doesn't work on our iPhones.
Plus, no one cares what you call your download centers/marketplaces/app stores ... we just care about the apps.
And quite obviously, the Amazon App Store doesn't work on our iPhones.
Agree with Microsoft should be granted those TM; and they have.
Bad comparison for the latter. I somehow see a "GrocStore" trademark-able.
Application store is generic. A shortened and conjoining of two words; AppStore isn't.
Take a moment and look at the word! appstore. "Appst" are the first 5 letters. It could be a new word in the dictionary with varying pronunciation!
appstore (AB-stoor/AP-stur). Adj.
Extreme addiction: Appstore (AP-stur) customers rush to buy the newly announced iPad 3.
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itsthenewdc
macrumors regular
Well.. I think Apple has made the term it is and on that should probably hold the rights to it, but I'm also aware of how generic it is. I don't think it hurts or benefits, despite what Apple or Amazon may say..
Microsoft has sued or threatened to sue several companies who used the word "Windows" in a product name.
ten-oak-druid
macrumors 68000
I wonder what makes Apple decide when to use the i prefix and when not to. They seem to overuse it and risk diluting the brand but then do not use it when it might be good to. Why didn't they go with iApp Store?
Anyway Apple really brought the term App into the everyday lexicon. The term existed previously but only after Apple's iphone and app store did it become mainstream.
Anyway Apple really brought the term App into the everyday lexicon. The term existed previously but only after Apple's iphone and app store did it become mainstream.
As much as I like Apple, they have absolutely no case here. Sorry Steve, you can't win them all. Give this up and put your energy towards something that really matters...like Ping!
Michael Scrip
macrumors G3
At least the other companies got a little more creative with their names:
Android Market (Google)
App Catalog (Palm)
App World (Blackberry)
Ovi Store (Nokia)
Windows Phone Marketplace (Microsoft)
Come on Amazon... there was nothing else you could have used?
You took a river and a rainforest and turned it into a book store... and a verb for lighting a fire and make it an e-book reader.
You could have tried a little harder...
Android Market (Google)
App Catalog (Palm)
App World (Blackberry)
Ovi Store (Nokia)
Windows Phone Marketplace (Microsoft)
Come on Amazon... there was nothing else you could have used?
You took a river and a rainforest and turned it into a book store... and a verb for lighting a fire and make it an e-book reader.
You could have tried a little harder...
SuprUsrStan
macrumors 6502a
While it is true "Appstore" is generic, but then again who's to blame apple for trying? Hell just look at what Microsoft was able to get away with.
"WINDOWS" lol.
As if that's not generic at all.
"WINDOWS" lol.
As if that's not generic at all.
Actually, no, GrocStore would not pass the trade mark test for a grocery store for the same reason.
Right now, it is just a denial of Apple's request for a injunction, anything could happen in court - but one of the tests for granting an injunction is the likelihood that the plaintiff will prevail at trial.
What the judge's initial opinion means is that Apple has an uphill battle. But hey, they have plenty of cash, so if they want to spent it on lawyers to fight this battle, have at it. Isn't America great!
reactions
macrumors 6502
Jesus mary Joseph Christ !
U really are upset by such trivial news?
Put down the Koolaid sir because there are more important things to concern oneself in life!!!
Upset ... My god he's upset people! Perhaps I will play u a song on my violin.
Or perhaps not?
I commend amazon for standing up against golliath aka apple
ten-oak-druid
macrumors 68000
Can someone me how "windows" was trademarked? If MS was able TM "Windows" than AppStore should be locked up by apple.
Well, this is purely anecdotal but supports the judge's comments about consumers' attitudes toward the term:
If I were asking my friend with an Android phone if he had a certain "app" available in his "app store" it would feel perfectly natural. More natural than saying, "Hey, check out the Android Marketplace (TM) to see if they have this app!"
I (and he) would probably both just call it the app store -- so there ya go, generic term in everyday usage. If Apple wanted to really identify itself with the term and trademark it, they would've had to act sooner before it entered general parlance as a term for mobile app stores.
If I were asking my friend with an Android phone if he had a certain "app" available in his "app store" it would feel perfectly natural. More natural than saying, "Hey, check out the Android Marketplace (TM) to see if they have this app!"
I (and he) would probably both just call it the app store -- so there ya go, generic term in everyday usage. If Apple wanted to really identify itself with the term and trademark it, they would've had to act sooner before it entered general parlance as a term for mobile app stores.
Rodimus Prime
macrumors G4
I am honestly surpised as well that they did not go with iApp Store. They could trademark that no problem.
I do not expect Apple to get the trade mark on App store and when the trademark office denies them this would quickly be dismissed.
http://tess2.uspto.gov/bin/showfield?f=doc&state=4002:sf1o7f.2.65
I could easily get a mark for MonkeyStore. The fact that people have been selling Monkeys for many years has nothing to do with it.
