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Apple Sues Amazon Over Term 'App Store'

Discussion in 'General Hardware' started by vbx, Mar 22, 2011.

  1. vbx New Member

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    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
     
  2. cheesy999

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    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
     
    Last edited: Mar 22, 2011
  3. Wrigleyvillain

    Wrigleyvillain PTFO or GTFO

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    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.
     
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  4. Mr McC

    Mr McC

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

    scaminatrix

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

    I'm betting this is another hollow one. Stock market rattler maybe.
     
    Last edited: Mar 23, 2011
  6. Kreij

    Kreij Senior Monkey Moderator Staff Member

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    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. :)
     
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  7. FordGT90Concept

    FordGT90Concept "I go fast!1!11!1!"

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    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.
     
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  8. Kreij

    Kreij Senior Monkey Moderator Staff Member

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    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
     
    Last edited: Mar 22, 2011
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  9. pantherx12

    pantherx12

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    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?
     
  10. FordGT90Concept

    FordGT90Concept "I go fast!1!11!1!"

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    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.
     
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  11. vbx New Member

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    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...
     
  12. FordGT90Concept

    FordGT90Concept "I go fast!1!11!1!"

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

    Kreij Senior Monkey Moderator Staff Member

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    @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:
     
    Last edited: Mar 22, 2011
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  14. TheMailMan78

    TheMailMan78 Big Member

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    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!
     
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  15. Kreij

    Kreij Senior Monkey Moderator Staff Member

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    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. ;)
     
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  16. Andrei23

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    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'....
     
  17. TheMailMan78

    TheMailMan78 Big Member

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    Ive been TheMailMan since 1992. So pay up sucka!
     
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  18. DannibusX

    DannibusX

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    Patent troll trollin'
     
  19. Undead46

    Undead46 New Member

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    [sarcasm]
    This just in!

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

    Kantastic

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    They gonna sue grocery stores and markets selling apples next?

    If Steve Jobs were in my face I'd spit on him.
     
  21. scope54

    scope54

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  22. Peter1986C

    Peter1986C

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    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".
     
  23. FordGT90Concept

    FordGT90Concept "I go fast!1!11!1!"

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    Windows, in the context of software, is unique. App Store is not.
     
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  24. vbx New Member

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    streetfighter 2 New Member

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    Last edited: Mar 23, 2011

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