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Apple App Store Trademark suit Ping!
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Posted on 05/21/2011 3:13:30 PM PDT by Swordmaker
Apple denies Amazon claims to generic app stores
Apple in a court filing late Thursday rebuffed Amazon's response that the term "app store" was generic. It insisted that the term isn't commonly used by other companies for their portals and couldn't be considered generic. Amazon was allegedly treading on Apple's mark by using the Appstore name as a result.
The iPhone maker had sued Amazon in March claiming that its "app store" trademark was valid and commonly associated with the iOS App Store and, more recently, the Mac App Store. At one point, it has argued that the term was a deliberate play on the company name.
Along with support from others, Microsoft has been regularly challenging the trademark and has often given answers to many of Apple's claims. The Windows developer has contended that developers are only avoiding the "app store" name to avoid litigation. Court submissions have noted that many now use the term generically and has even caught Apple CEO Steve Jobs referring to "app stores" in the generic sense.
Amazon's Appstore, whatever its name, is increasingly seen as instrumental to its strategy. Currently dependent on other devices, it's widely believed to be working on its Coyote and Hollywood tablets and would likely want a strong, self-contained app ecosystem instead of leaning on Android Market.
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With some spare cash Amazon should buy Handango.com , put Apple in an untenable position of having to license “App store” from Amazon.
” At one point, it has argued that the term was a deliberate play on the company name.”
Lol....
App is shorthand slang for “Application.”
Apple has no claim. Android has apps, windows has apps, iphones have apps. It’s a generic term.
So I guess whoever created applications should sue Apple for stealing the Apple name as a derivative of their copyright.
Prior to Apple using the shorthand slang “app” for “application” and “App Store” for their iPhone method of purchasing applications it was NOT generically used. Etymologists have researched this and the first such widespread usage coincides with Apple’s introduction of the iPhone Apps and the App Store.
According to dictionary.com app goes back to ‘92:
app
computerese shorthand for application, attested by 1992.
Now “app store” might have been new, but the problem is it’s 2 common terms put together in a normal English way. Trying to say that’s trademarked is like trying to say “electronics store” is trademarked, I’m sure there’s somebody that used the term first but it’s generic English.
C’mon Amazon, just rename it ‘appl store’!
The Container Store's lawyers would be glad to explain their trademark.
Do they have a trademark on the name or the logo?
Both. The name is a registered trademark.
Could just be nobody has bothered to challenge it too. If there’s nobody else out there that wants to be a container store then there’s nobody to take it to court. Apparently Amazon wants to have an app store, now we’ll see what happens.
What if I wanted to name my electronic store "Elect Store", could I trade mark that?
I think folks might be thinking they can buy politicians. “Elect” isn’t a commonly used shorthand for anything, “app” has been a commonly used shorthand for “application” for almost 20 years.
Hey, what a great idea. Sort of a politician supermarket, one stop shopping. I am filing the trademark application, or app, tomorrow!
:-)
http://dockets.justia.com/docket/texas/txndce/3:2006cv02169/162536/
The Container Store has brought at least one trademark infringement suit. I don’t have the necessary login to see the details.
Can’t even find out who won.
>>>C’mon Amazon, just rename it ‘appl store’!<<<
I love it! But how about:
“Appl-e*store”
“App” is clearly a generic term. As long as they put “Amazon” in front of it, it is no different than “Joe’s Coffee Shop” competing with “Sam’s Coffee Shop”.
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