Apple Sues Amazon.com Over Use of ‘App Store’ Trademark

[Sporkman]

Apple Inc. sued Amazon.com Inc., saying the online retailer is improperly using Apple’s “App Store” trademark for a mobile software developer program...

http://www.businessweek.com/news/2011-03-21/apple-sues-amazon-com-over-use-of-app-store-trademark.html

[carolinabranden]

I guess Apple thinks it owns the dictionary too. lol

[mkendall]

“We’ve asked Amazon not to copy the App Store name because it will confuse and mislead customers,” said Kristin Huguet, a spokeswoman for Apple.

Right. Because people are too damned stupid realize that something "for Android" won't work on an iphone.

[Throne777]

Right. Because people are too damned stupid realize that something "for Android" won't work on an iphone.

Have you met a typical Mac fan?

[arvevans]

Remember many years ago when Apple was suing everybody who showed a picture of a trash can. Seems they are at it again.

[KiwiNZ]

So if Amazon started a service called Ubuntu Video Library Windows it would be OK

[KiwiNZ]

If they Apple own a Trademark for 'App Store' then the onus is on Amazon. They should have researched before they launched a service with a naming conflict. However I suspect it would have been deliberate.

[Sporkman]

So if Amazon started a service called Ubuntu Video Library Windows it would be OK

"App Store" is a lot more generic though. The only distinctive things about it is the nickname "app" for application and "store", a low-tech bricks-and-mortar metaphor.

[KiwiNZ]

Maybe so but if Apple have been awarded a registered trademark then so be it , others are obliged by Trademark law to honour that.

[Throne777]

Maybe so but if Apple have been awarded a registered trademark then so be it , others are obliged by Trademark law to honour that.

The main point should be that Apple shouldn't have been allowed to trademark that in the first place.
It's like trademarking 'a shop' or 'fast food'. 'App store' is a generally used term by most normal people to simply mean 'the place you get applications from [sic]'. Apple shouldn't be allowed exclusive rights on common language & Amazon should take them up on it.

[KiwiNZ]

The main point should be that Apple shouldn't have been allowed to trademark that in the first place.
It's like trademarking 'a shop' or 'fast food'. 'App store' is a generally used term by most normal people to simply mean 'the place you get applications from [sic]'. Apple shouldn't be allowed exclusive rights on common language & Amazon should take them up on it.

Amazon is not fighting some altruistic crusade, they saw an opportunity to cash in on Apples success with the App Store and have been bitten.

[cprofitt]

Maybe so but if Apple have been awarded a registered trademark then so be it , others are obliged by Trademark law to honour that.

Or take the case to court.

[Cracklepop]

Amazon is not fighting some altruistic crusade, they saw an opportunity to cash in on Apples success with the App Store and have been bitten.

The Amazon app store is unrelated to Apple or iOS, so I don't see how they're cashing in on Apple's success. If they were selling iOS apps *then* they would be 'cashing in'.

Perhaps I could go out and get a trademark on 'grocery store', or 'department store'.

[Dr. C]

It is more the case of a genericized trademark http://en.wikipedia.org/wiki/Genericized_trademark such as kerosene, escalator, heroin, zipper etc., all of which were former trademarks of different companies. When word marks are used as a noun or a verb as opposed to an adjective or an adverb that is what happens.

Amazon has a lot of legal precedent on their side.

[kernelhaxor]

Amazon is not fighting some altruistic crusade, they saw an opportunity to cash in on Apples success with the App Store and have been bitten.

Like you mentioned before, Amazon knew Apple had the trademark but still went ahead with it. They probably thought they could get it dismissed.

Microsoft is already battling with Apple to get this exact trademark dismissed http://www.engadget.com/2011/01/12/microsoft-opposes-apples-app-store-trademark-claim-says-term/

The funniest thing is that they mention Steve Jobs himself using the term 'App Store' while referring to Android market. That should help prove that the term is generic.

Out of curiosity, you don't think 'App Store' is a generic term?

[~Hinterland]

All they need to do is change the abbreviation of "Application" so you end up with "Appl store", much better. :D

[3Miro]

My initials are MS. I expect to be arrested any day not, when I have to initial some document.

[Sporkman]

..."Consumers of mobile software downloads are likely to be confused as to whether Amazon's mobile software download service is sponsored or approved by Apple," Apple said in its complaint.

In January, Microsoft (MSFT) challenged Apple's App Store trademark, arguing that the term "app store" is generic. Apple countered in court that "App Store" is no more generic than "Windows," a trademark Microsoft has fought vigorously to defend -- as, by law, any trademark holder must.

http://tech.fortune.cnn.com/2011/03/22/where-is-amazons-appstore/?source=yahoo_quote

[neu5eeCh]

Or take the case to court.

Agreed. If Apple wants to trade mark something as generic as app store, then they invite a lawsuit. Amazon called their bluff.

Good for Amazon.