Apple Sues Amazon Over Term 'App Store'

vbx · Mar 22, 2011

I'm usually behind apple, but this one is just stupid.. App store to me is a generic term. Why the hell was apple given a trademark for that term?

Especially when other companies are allowed to use words like "Xerox" when that is obviously not a generic term but a Company's trademark. They can use that term, but they can't use app store?

Apple Inc. sued Amazon.com Inc. over its use of the phrase "App Store," accusing the online retailer of trademark infringement.

Read more: http://online.wsj.com/article/SB10001424052748704139004576215392658777706.html#ixzz1HMd60TDd

cheesy999 · Mar 22, 2011

vbx said:
Especially when other companies are allowed to use words like "Xerox" when that is obviously not a generic term but a Company's trademark. They can use that term, but they can't use app store?

because the term Xerox is obvious, the companies generally have all permissions required to use it and leave copyright and trademark notices, since app store is generic i'm guessing amazon did not, also different companies have different attitudes towards these things some just don't care

Wrigleyvillain · Mar 22, 2011

Um I don't think anyone "can use" Xerox rather it, like other things, just entered the vernacular as the default term based on it being the first and/or most popular iteration. If a competing company tried to use "Xerox" in any official capacity they most certainly would be sued.

Calling an MP3 player an iPod is another is another example, as most people would/do. That doesn't mean you can market another MP3 player with that name.

Yeah "App Store" does seem pretty generic, though. Not sure how this one will shake out.

Mr McC · Mar 22, 2011

They need to be careful, I hear the Associated Press of Pakistan plans to sue both companies.

scaminatrix · Mar 22, 2011

Mr McC said:
They need to be careful, I hear the Associated Press of Pakistan plans to sue both companies.

I don't know how to take you these days :laugh:

I'm betting this is another hollow one. Stock market rattler maybe.

Kreij · Mar 22, 2011

As I see it, it's not that the terms is generic, it's that Apple made it a household word (more or less) and trademarked it as their "saying".
If you look at other "sayings" that are trademarked throughout the world, you will find that the word or phrase is not specific at all to their product, but they are known for it, thus it adds to their brand recognition and also their brand value ..
McDonald's "I'm Lovin' It", could apply to absolutely any product.
GE's "We Bring Good Things To Life".
NVidia "The way it's meant to be played"
and one of my fave's Mazda's "Zoom Zoom Zoom"

The point is that people know what AppStore is because of Apple.
I think they may win this one.

Just my 2 cents.

FordGT90Concept · Mar 22, 2011

Apple has to protect their trademarks but most likely, the judge will say "App Store" is too generic for trademarking so the term will become public domain.

Kreij · Mar 22, 2011

I am not so sure on this one, Ford.

If you look at a generic term like "GroceryStore" or "HardwareStore", a court would obviously toss it as it was in use decades (or more) and part of the vernacular before someone tried to trademark it.
AppStore was not really in use, or even exist at all, before Apple trademarked it.

They could have used a variety of terms, such as "AppPortal", "AppWarehouse", "AppDumpster" etc., but they chose AppStore because it is already familiar (IMO due to Apple).

We will see. It will be interesting to see how the ~~leeches~~ lawyers approach this one.

Disclaimer : I am not a lawyer, I've never played one on TV, and I have not slept at a Holiday Inn recently

pantherx12 · Mar 22, 2011

It's short hand for application, if they're selling applications AKA apps then fair game.

Stupid Apple, how can you "coin" something that is just short hand writing anyway?

FordGT90Concept · Mar 22, 2011

It's short for Application Store kind of like NetBook is short for Internet Notebook. The courts decided netbook is public domain even though it was trademarked/copyrighted.

There's 138+ million hits on Google for "app store" -apple. If that doesn't constitute public domain, I don't know what does.

vbx · Mar 22, 2011

Kreij said:
As I see it, it's not that the terms is generic, it's that Apple made it a household word (more or less) and trademarked it as their "saying".
If you look at other "sayings" that are trademarked throughout the world, you will find that the word or phrase is not specific at all to their product, but they are known for it, thus it adds to their brand recognition and also their brand value ..
McDonald's "I'm Lovin' It", could apply to absolutely any product.
GE's "We Bring Good Things To Life".
NVidia "The way it's meant to be played"
and one of my fave's Mazda's "Zoom Zoom Zoom"

The point is that people know what AppStore is because of Apple.
I think they may win this one.

Just my 2 cents.

But those slogans contain more than 2 words. And they don't sound generic.

App Store is just short for Application Store. lol

That like Shell trying to trademark "Gas Station". Short for Gasoline Station. Or MS trying to trademark the term PC...

FordGT90Concept · Mar 22, 2011

Exactly, the trademark should have never been approved and now a court is going to have to render it null and void.

Kreij · Mar 22, 2011

@VBX ...
It does not matter how many words. Your example of Gas Station and PC are exactly what I stated in post #8 as having been in common use before the trademark was applied for and received.

I don't really give a flying farfeneugen who wins this as I don't use apps and have no use for an appstore of any kind.

The only thing that is questionable is that the Apple "AppStore" is not a product, but a service.
However, I do believe that Amazon pulled it off with a "One Click" (Also a service) litigation.
(I may be wrong, that was some time ago when the one click battle was happening and it could have been a proprietary code issue).

What will be interesting is the precendent that gets set in the courts by whoever wins the battle.
It could set off a deluge of near future litigation.

My advice ... stock up on popcorn. NOW !! :laugh:

TheMailMan78 · Mar 22, 2011

Well I'm going to sue Apple for their use of my name in their Mail application. I mean really....Apple Mail. They blatantly ripped me off!

Kreij · Mar 22, 2011

Won't work, MM. I received the trademark for "TheMailMan00 -> TheMailMan99" back in May of 2007.
About a month before you joined. I'll let you know when "back rent" is due.

Andrei23 · Mar 23, 2011

So now Apple is calling dibs on the English vocabulary? I think it's pretty stupid. It's not like Amazon called it the 'Apple App Store'....

TheMailMan78 · Mar 23, 2011

Kreij said:
Won't work, MM. I received the trademark for "TheMailMan00 -> TheMailMan99" back in May of 2007.
About a month before you joined. I'll let you know when "back rent" is due.

Ive been TheMailMan since 1992. So pay up sucka!

DannibusX · Mar 23, 2011

TheMailMan78 said:
Ive been TheMailMan since 1992. So pay up sucka!

Patent troll trollin'

Undead46 · Mar 23, 2011

[sarcasm]
This just in!

All grocery stores getting sued for having the word "Apple" on signs in their produce section!
[/sarcasm]

Kantastic · Mar 23, 2011

They gonna sue grocery stores and markets selling apples next?

If Steve Jobs were in my face I'd spit on him.

scope54 · Mar 23, 2011

http://news.cnet.com/8301-13579_3-20038028-37.html

Microsoft has already challenged 'app store' so maybe Apple is trying to get some money before
the trademark is overturned?

Peter1986C · Mar 23, 2011

I am not siding with Apple in this case, yet I have some understanding for their dislike. I mean, the whole purpose of the AppStore (for Apple) is mainly moneymaking (I assume). Yet the secondary reason for the AppStore is of course security, trying to limit the amount of software downloaded elsewhere from as "common people" usually lack sense of digital security. So when people get their software from another source, they better do it consciously, understanding that they have to keep their eyes open. Yes, I know it is Amazon (trustworthy company, so okay I guess) in this case so indeed the reaction of Apple is a bit far-fetched. Still I understand Apple to some degree.

P.S.: the generic terminology for an online database consisting of software that is downloadable and installable through a program like Software Center, Synaptic, Ovi Store, younameitStore is Software Repository, shortly repository or in steno "repo".

FordGT90Concept · Mar 23, 2011

Windows, in the context of software, is unique. App Store is not.

vbx · Mar 23, 2011

Apple also tried to sue the city of NY over their Green Logo...

http://www.wired.com/techbiz/it/news/2008/04/apple_vs_apple

It's not even close. And it's not like the City of NY were selling electronic devices.

streetfighter 2 · Mar 23, 2011

Apple would sue ghosts over the "iLife" trademark if they could be subpoenaed.

Further Apple suing iEverything over iTrademarks:
http://www.theonion.com/articles/apple-claiming-the-term-pod,8230/

But it's coming back:
http://www.theonion.com/articles/cisco-sues-over-iphone,15149/

Welcome to the USA. We own intellectual property and nothing else. The gold standard is plagiarized.

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Apple Sues Amazon Over Term 'App Store'

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