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Apple Sues Amazon.com Over App Store Trademark
tekgoblin writes "Apple is suing Amazon.com over the use of Apple's trademarked App Store name in their mobile software developer program. Apple filed the suit back on March 18th, which detailed the trademark infringement and unfair competition which Apple felt was happening. Apple's statement in the suit reads: 'Amazon has begun improperly using Apple's App Store mark in connection with Amazon's mobile software developer program.' Apple also said, 'We've asked Amazon not to copy the App Store name because it will confuse and mislead customers.'"
hey Amazon, want to reconsider that one-click patent?
Non impediti ratione cogitationus.
Seriously, they added "store" to a word we've been using in the industry for decades. Surely there's no merit in this...
Apps has been known as a shortened version of applications for many years.
This would be no different to suing a company for using the name "phone store".
Translation:
'We feel that our customers are too fucking stupid to realize that an "App Store" run under the Amazon banner and site has nothing to do with Apple, and that our customers are not smart enough to understand the difference in context.'
Of course Apple might have a point (it's not like computers are well understood by a lot of people even today), but it doesn't particularly bode well for what Apple things of the intellect of its users.
How can there be customer confusion? Does Amazon sell apps for the iPhone? Does Apple sell apps for any phone other than the iPhone? Seems to me that they are operating in two different market spaces.
The term "application shop" was used for Symbian's shop for quite a while before Apple appeared with its iPhone, "shop" being a simple translation of the US English "store". And "app" has been a generic abbreviation for "application" at least since the late '80s on Acorn's RISC OS, newsgroup comp.sys.acorn.apps being proposed in early 1995.
You can argue that translations are irrelevant but this is not always so across the world. Regardless, it is ethically questionable to suggest that a generic phrase should become a trademark just because a word has been translated to another dialect of English.
What is more, the term "app store" is clearly descriptive and non-distinctive as far as UK registration eligibility goes.
Frankly, I'm surprised you can recall your birth experience so vividly.
Apple's stance has little ground. "App" is not specific to a brand, it's not specific to an operating system, it's not specific to a class of hardware. "App" is short for application, that's all. Any computer program is an app. It's a completely generic term.
Circumcision is child abuse.
Then don't name it something obvious and generic. App Store is a short name for "Application Store" which is the very definition of the service they provide. They essentially named it The "App Store" Application Store. It's like naming something the "Oil Comp" Oil Company, or the "Soft. development" Software development company. They are using a generic term, so fuck them. Be more creative and stop trying to ban language.
Google did the same shit, they named theirs "Market". I mean, come on!. What is it? A Market. Who owns it? Google. What is it called? Google Market TM. FUCK THAT. Call it SuckingCocksthroughagardenhose TM or Bazinga TM and then we'll all support you when someone tries to infringe on your trademark. Actually, if you call it something original, no reasonable company will try to infringe on your trademark.
WTF am I doing replying to an AC at 5 A.M on a Friday night?
There's an App for that!
I'm going to go trademark "grocery store" now. Piss off, Apple!
I am going to open a General Store and call it General Store. I shall sue anyone who dare call themselves, "General Store".
To those folk who keep telling me how "magical" your iPad is: it's your money that's funding this suit.
To anyone that has ever bought an Apple product: it's your money that's funding this suit.
How'd you like them apples now, boy?
Friends don't let friends drink and Slashdot.
I'm assuming from all the litigation against competitors by large U.S. technology/software firms, it is cheaper and easier for them to sue than to come up with new products and ideas for their customers.
The "App Store" (TM) application store by Apple is trademarked. The trademark is 3 years old now, and hasn't seen any real enforcement. Of course, we all know it's a non-unique descriptive that is, by trademark rules, untrademarkable (like "Windows" (TM) to refer to an operating system distinguished because applications run in windows, when the phrase "windows" to refer to the method of display pre-dates the OS in question).
So, either Amazon doesn't know Apple has an App Store (TM) that they were infringing against, or they did know, recognize it's invalid, and purposefully infringed it to start the legal battle to strip Apple of the trademark that should never have been awarded in the first place. I'm guessing they aren't that stupid. And the pros hint that if Microsoft ever tried to enforce their Windows trademark, that they'd fail as well. So it seems to be a good time to get in the trademark challenges if you want to. I always wonder how the Stealth (TM) guy is doing. Last I heard, he's still suing everyone.
Learn to love Alaska
Unfortunately, there is no limitation that prohibits people who lack friends from using or posting on slashdot.
---jstlook ---For that is the way of Elves, for they say both yes AND no, and mean every word of it. --- J.R.R.T.
and some judge breaks it off in Apple's rear end for wasting his time with a frivolous lawsuit
Politics is Treachery, Religion is Brainwashing
Barney Frank, is that you? Thanks for causing the housing market crash, you jackass.
Is the "appstore" tag on this story referring to the Apple Appstore, or the Amazon Appstore... ?
There's an "apple" tag - so I pondered it for a bit, and for a moment, assumed it to be the "Apple Appstore".
But then this big old "amazon" tag came out of nowhere and muddied (by which i mean diluted (tm) the waters !
So now I'm confused.... which is it ?
Well done, sir, well done. The beer and mucus that squirted from my nose will take hours to remove from my keyboard.
Unfortunately, there is no limitation that prohibits people who lack friends from using or posting on slashdot.
Oh, well played!
The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
In related news, Apple has sued the Sunnyside Day Care pre-school for allowing one Benjamin Turner, age 4, to bite into an apple in such a way as to result in a mark that too closely resembles Apple's trademarked logo. Apple states that they are "in favor" of children eating healthy snacks, particularly apples, but that they are compelled to protect their intellectual property, lest another child mistakes Turner's apple for Apple's logo and attempts to eat the industry giant's products, website or marketing materials. Turner was napping and unavailable for comment.
App is the first three letters of Apple, clearly Apple owns this forevermore.
.. Kotex is suing apple for copyright infringements on the maxipad.
Come on, how blatant is that, the new ipad even bleeds through on the edges!
Amazon is calling theirs the Amazon "appstore". One word. Lower case.
Apple's is the Apple "App Store". Two words. Capitalized.
How can there be any confusion?
To the best of my knowledge, the first time I heard anyone refer to an "app" was programmers referring to executables on the original Mac OS. All files had a type and creator code; for programs the type was "appl". The "l" was awkward to pronounce, so they were just called "apps".
Stick to giving eachother AIDS, fags.
Why don't you run on back to 4chan before your Mom finds out you're using the computer again.
'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
Since we can trademark our stores based on what we sell, I'm off to trademark hardware store, clothing store, electronics store, video game store, grocery store, and music store.
As an app developer, let me say I really hope Apple succeeds in shutting down the mess that is the Amazon App Store..
Would you bet a large sum of your own money that apple will lose the suit? yea, I thought so.
I see everyone getting spun up about it being too generic.
Well if that is the case why don't one of you man up and and create a social networking site called face book. I mean come on, face and book are two very generic terms, nobody will care if you put a little space in there and call it face book.
Got Code?
Call it Application Store and don't be so lazy. There fixed it for you Amazon.
Even /. articles and comments here about anything software related are just typing "app". Stop advertising for Apple.
But I'm already confused - why is the Beatles record label concerned about software on smartphones?
Isn't "App Store" the functional equivalent of "Flower Shop", "Fruit Stand", or "Gas Station"? [what we sell] [synonym for merchant establishment].
Should never have been granted a trademark on the name.
I've built up so much character I have an alter-ego
That clearly depends on whether you have to clean it out of your keyboard after.
which is totally what she said
"App" is an abbreviation for "Application," both of which are generic terms that have long been used to describe programs that run on computers.
"Store" is a generic term for an establishment that sells stuff.
Therefore, "App Store" is a generic term for a "store" that sells "apps" or "applications."
Apple suing Amazon over a similar name. Is there no end to Paul McCartney's selfishness!
But another poster made much of that difference. AppStore was rejected as prior use by that poster because their google search was App Store with the space, exactly as Apple did it.
You may wish to converse with them to correct their mistake.
The people who registered `Windows' think `App Store' is unworthy of a trademark registration?
I refuse to believe corporations are people until Texas executes one. -- desert rain on http://www.dailykos.com/user/
They're being sued by Apple.
If you don't know where you are going, you will wind up somewhere else.
Thats it. I am going to trade mark the name "John Doe" and now any time it is used or given to anyone they have to pay me money. Muhahahaha
iWeb Technologies, the webhosting company where I worked has 'asked' for years through litigation for Apple to stop using it's 'iWeb' Trademark, which was registered in 1996 in both Canada and the US, wayyyyyyyyy before Apple put out it's iWeb web creation application. Just goes to show that for Apple, it's 'our way or the highway'.
Although i$DEVICE users are supposed to have the attitude of "I just want to use it, not tinker with it", doesn't anyone find it patronizing that Apple assumes its users are so dumb as rocks as to not recognize that, Yes Virginia,
-there are other phones besides the iPhone, and so consequently
-there must be app[lications] for those phones, and
-there must be app[lication] stores for those phones?
Or are Apple users so solipsistic that they can't even begin to conceive of a phone that doesn't wear a black turtleneck?
I'm not a lawyer, but I play one on the Internet. Blog
If anything comes out of your ass and hits your keyboard, you're doing it wrong. Regardless of what "it" is.
Remember to maintain your supply of
What if you're trying to fire a rocket out of your ass, and using your keyboard as a target?
Suddenly, I'm reminded of Jackass 3D.. it involved a blow dart, and a balloon..
which is totally what she said