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Judge Skeptical of Apple's 'Appstore' Trademark Claims

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.
 
justinfreid said:
I didn't read the complaint, but did Apple really claim that "App" was short for or somehow signified "Apple"?

And, I agree, "App Store" is too generic on its own and should require a modifier: iOS, Windows, Amazon, Android, Apple, etc.
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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"
 
Robincognito said:
How is "Windows" generic? When has the word "windows" ever been used to describe an operating system?
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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
 
itsthenewdc said:
Granted, it is a pretty generic term.. but you can't really tell me that when you hear App Store you don't think of Apple first? Android has for the most part been associated with the term marketplace. Apple pretty much made the term it is today, despite the generic aspect.
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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.
 
*LTD* said:
Apple should have obtained rights to it back in 2008.

...
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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.
 
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.
 
Robincognito said:
I dearly hope we don't hear hear further cries of "but Word and Windows are really generic; how is it that these words were trademarked by Microsoft?"

Because "Word" and "Windows" have never been used to describe a word processor or an operating system. Trademarking "Appstore" is like trademarking "Grocery Store". It's absurd.
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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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HiRez said:
Is this an argument that the term is so closely associated with Apple that they should own it, or is it an argument that because you think of Apple first, it's not hurting them at all to have others use it (and may actually be benefitting them)?
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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..
 
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.
 
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!
 
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...
 
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.
 
Lifequest said:
Bad comparison. I somehow see a "GrocStore" trademark-able.
Application is generic. AppStore isn't.
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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!
 
aurichie said:
This is absolutely worth fighting for. App Store should rightly belong to Apple in the context they use it. It's as valuable to them as the generic term Windows is to Microsoft. So I'm outraged by this news.
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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
 
Robincognito said:
I dearly hope we don't hear hear further cries of "but Word and Windows are really generic; how is it that these words were trademarked by Microsoft?"

Because "Word" and "Windows" have never been used to describe a word processor or an operating system. Trademarking "Appstore" is like trademarking "Grocery Store". It's absurd.
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Could I trademark GrocStore?

Why not?
 
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.
 
ten-oak-druid said:
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.
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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.
 
neiltc13 said:
It doesn't have to have been used before. Both components of the trademark are generic terms, and together the term is generic. There were stores selling applications before Apple launched its "App Store" - heck, any retail store selling computer software could be described as an App Store.
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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.
 
"Look... me and the McDonald's people got this little misunderstanding"

mcdowells.jpg
 
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