back to article Apple sues Amazon over 'App Store' name

Apple has sued Amazon.com, claiming the retail giant is using its "App Store" trademark without proper consent. As reported by Bloomberg, Apple filed suit on March 18 seeking to prevent Amazon from using the app store name and to win unspecified damages. "Amazon has begun improperly using Apple’s App Store mark in connection …

COMMENTS

This topic is closed for new posts.

Page:

  1. Robert Carnegie Silver badge

    Re print too small

    Re print in the legal documents being too small - it's the fucking law, retards. Legal documents must meet a useability standard. It's probably also an accessibility issue. I suppose they don't accept crayon or invisible ink either.

  2. Peter 48
    Pirate

    Stop using the american language then

    Hey amazon, if Apple want to be such prats, just call it the AppShop instead. One goes "shopping" afterall not "store-ing"

    1. DZ-Jay

      @Peter 48

      And for that extra British flair, go for "App Shoppe."

      Why, yes, I'm a 'merkin. How can you tell?

      -dZ.

      1. Naughtyhorse
        Flame

        cant tell

        you spelled everything correctly

        :D

  3. Anonymous Coward
    Anonymous Coward

    Quick, trademark this...

    what about iAppStore since Apple seem to consider anything starting "i" is theirs

  4. Rolf Howarth

    It may be generic NOW but it wasn't then

    "IT magazine information age uses the term app store generically in the feb issue - perhaps they should be sued too.."

    The industry moves so quickly that it's very easy to forget what things were like just a few years ago. Sure, people sometimes used 'app' short for application, but nothing like as universally as they do now, and certainly not when applied to mobile devices. Applet or mobile application maybe, but certainly not mobile app. And sure, there were lots of online stores that sold software, but usually each software vendor had their own store and you got a boxed CD in the post, and the only stuff you could buy for mobile devices was games and ring tones.

    Seriously, who else had anything remotely resembling the Apple App Store, or referred to anything as an "app store", before Apple introduced theirs?

    Just for interest, I did a search through 10 years of email archive, including various industry newsletters and forum digests I subscribe to. Apart from a number of spurious "the app stores its preferences here" type references, the first occurrence was in March 2008 when Apple first announced their app store, then about a thousand occurrences after.

    1. Clive Summerfield

      Prior usage

      Rolf, try looking beyond your email archive:

      "Sure, people sometimes used 'app' short for application, but nothing like as universally as they do now, and certainly not when applied to mobile devices."

      "Seriously, who else had anything remotely resembling the Apple App Store, or referred to anything as an "app store", before Apple introduced theirs?"

      Thanks to the wayback machine we have, from 2nd Nov 2001:

      http://replay.waybackmachine.org/20011102020041/http://www.handango.com/

      Bottom right of front page:

      "Developing the next killer app for handhelds? Become a Handango Software Partner."

      1. Rolf Howarth
        Thumb Down

        What?

        That's the best you can do, one reference to "killer app for handhelds"?? Brilliant, but that's not what we're talking about. We're talking about "app store", not "app".

        1. Clive Summerfield
          FAIL

          Huh?

          >>Brilliant, but that's not what we're talking about. We're talking about "app store", not "app".

          Huh? I event went as far as to quote the appropriate part of your comment:

          "Sure, people sometimes used 'app' short for application, but nothing like as universally as they do now, and certainly not when applied to mobile devices."

          More specifically:

          "... people sometimes used 'app' short for application... ...certainly not when applied to mobile devices."

          Certainly there appears to be a certain degree of uncertainty as to the certainty of your statement that people certainly didn't use 'app' in a mobile context. Of that we can be quite certain...

    2. This post has been deleted by its author

  5. Anonymous Coward
    Anonymous Coward

    Why Apple want that name

    If you discuss "Windows" in an I.T. context people generally know you're reffering to Microsoft Windows, which is something Microsoft have an interest in. If someone says "you need to get Windows if you want to run that" then people generally know what product they need. Apple want "App Store" to work the same way, in that if people say "you can download this from the App Store" then people head straight over to Apple. If there are 10 different companies with "app stores" and people aren't sure which one someone's reffering to it could result in lost revenue for Apple. As a redeeming comment I think all of this is ridiculous and a big money making exercise for lawyers, but I can see why Apple are trying to persue it, no matter how stupid it may look to other people here.

  6. Barry Lane 1
    Jobs Horns

    Love Apple's computers

    Hate their enthusiasm to litigate against everything that piss@s them off.

  7. Anonymous Coward
    Anonymous Coward

    App. Store (with a dot)

    "App. store" with a dot to indicate an abbreviation is a completely generic term, should removing the dot make it a trademark?

    Perhaps they will have better luck with this than they did with "Windows" but I hope not.

  8. Anonymous Coward
    Anonymous Coward

    An yet scant mention...

    Of Amazon pulling the API plug on the sites that has started lending services for Kindles such as www.lendle.com because it does not, to quote Amazon, “...serve the principal purpose of driving sales of products and services on the Amazon site.” Yawn, Cade...

  9. Mark .

    "mobile software developer program"

    I love how Apple manage to avoid saying "Amazon's app store" - so I guess Apple think the generic term should be "mobile software developer program", despite the fact that no one in their right mind would use such a term? It doesn't even make sense - I'm not buying from a program, and "developer" implies it's only for developers, not customers.

    I also note how the media have happily been referring to the store as an "app store" (e.g., http://www.bbc.co.uk/news/technology-12119509 ), because that's what it is.

    "Unlike Google's marketplace, which lets developers list any application after paying a fee"

    Really? Nokia's app store is only 1 euro - how much do Google charge?

    Lewis Mettier, the Fake: "Apple simply got there first, just as they created the smartphone market"

    Er, no they didn't.

    "Was the smartphone market anywhere near what it became after the iPhone?"

    I'm not sure what you mean. The phone market has been growing continuously, so obviously it is larger now than it was years ago, but that is no more down to the original Iphone, than any other phone. A simple glance at market figures shows that other companies (e.g., Nokia) have consistently outselled Apple, even in the ill-defined "smartphone" category, so the increase in market _can't_ be primarily due to Apple, because other companies have been selling even more.

    "The Apple Lisa was first commercially sold personal computer to have a GUI."

    Even if that was true (it isn't), the Iphone wasn't anywhere near the first commercially sold smartphone. If you're trying to claim that it should be labelled "first" because of some unknown quality, I might as well say AmigaOS was "first" with a GUI, because the Amiga was much more affordable than anything from Apple.

    It's the Apple definition of "first" - "first", if we ignore all that came before. Next you'll be telling me they had the first computer without floppy drive, or first 64 bit personal computer.

    "Like in the recent announcement of 8000% growth in data traffic at AT&T since the launch of the iPhone"

    So Iphone users sit on Facebook all day, and the Iphone apps guzzle data in the background. I'm not sure why that's a good thing. My Nokia is more intelligent with its network usage - e.g., allowing maps to be downloaded and stored on the phone.

    "1-Click or Windows are also a common English terms."

    I don't think Windows should be trademarked either - and they lost the initial case against Lindows. If someone took them to court, they might well lose.

    Sean Baggaley 1: "If you file a patent or a trademark, the onus is on YOU to police it."

    The point is that they shouldn't be trying to trademark it at all.

    "So why not "Amazon App Market"?"

    Why not "Apple App Store"? People aren't copying Apple - they're using the generic term for the thing being described. If that's not "app store", then come on, tell me what the correct term is?

    1. Anonymous Coward
      Anonymous Coward

      Nokia software is dead

      Mike have you really not read the news yet?

      We've already had this discussion yesterday, Nokia as a platform is dead.

      Yes it's true Apple killed it, just by innovating (I can sense you'll try to convince me they didn't innovate anything). What you're going through is called grief, deal with it.

  10. Sineira
    Jobs Horns

    Patenting common words?

    I just heard Apple patented the following English words as well:

    and, the, to, that, has, was, been, us

  11. Sineira
    Pirate

    iAppStore?

    Shouldn't this work?

    iAppStore

    1. Anonymous Coward
      Anonymous Coward

      more

      Or the Yorkshire version:

      iUpStore

  12. Ken MAC

    Apple customers confused

    So is it the owners of iPads who will be confused whilst trying to download Android onto iOS or Android users being a bunch of wannabees, "It's like an iPad but not an IPad" as the advert goes..

    Dear Steve et al,, Either grow up or just patent\trademark the whole damn dictionary and be done with it..

  13. Ken MAC

    Ancient GUIs

    Anybody rememer DR GEM on Amstrads.. OH I forgot Apple sued them as well.

    1. James Hughes 1

      I remember!

      Also seem to remember the Atari ST had some sort of GUI as well. Prior to the Lisa I think...

      1. Anonymous Coward
        Anonymous Coward

        Now that's just crazy talk werdsmith

        No it wasn't prior to the Lisa. Apple Lisa was the first *PERSONAL COMPUTER* with a GUI.

        (haters please note I didn't say personal OFFICE SYSTEM costing over $75,000 in 1981)

  14. Lewis Mettler
    Stop

    Amazon is likely to sue Apple in response

    Amazon has the better trademark in AppStore compared to App Store. App Store is a generic term. How else would you describe what they do? It is just like food store, gas store, clothing store.

    Come to think of it someone should try to trademark "Clothing Store" and see how they do.

    But, the most interesting development may be Amazon suing Apple for the right to sell iDevice applications. Or, trademark "iDevice". Now that would be interesting.

    But, Amazon does have the legal right to sell and distribute applications for Apple products. There is no legal basis for concluding otherwise.

    Apple may try to prevent it. But, that effort is illegal. Could Microsoft prevent anyone else from selling applications for the Microsoft OS? I seriously doubt that. And that is true even without relying upon a determination that Microsoft has a monopoly.

    Again, consumers are being harmed directly by not having access to other app stores. And you can bet Amazon wants to play there to.

    There is no reason why Amazon should be happly selling only apps for the Android marketplace. Or, even the Microsoft mobile market.

    I think Apple is being stupid.

    It is likely that Apple will lose it's "App Store" trademark completely. And it is also likely that Amazon will be successful in forcing Apple to open up its devices to apps distributed by others.

    Who in their right mind really wants to be restricted to alternatives sources. Clearly not Apple customers. So when you see supports of the Apple controlling nature, you see Apple employees being deceptive and trying to defraud the reader. It is possible that some Apple customers might only be interested in the walled garden or controlled market offered by Apple. But, that clearly is NOT in the interest of all of them.

    No doubt a number of those other companies hoping to sell media subscriptions to Apple users might also bring their own law suits to prevent Apple from restricting access to their services. Spotify being one. Rhapsidy being another. The Economist being a third. Even the New York Times. No question that any number of media suppliers want to excesize their right to market to Apple customers without being obligated to pay Apple 30% off the top.

    Apple would never accept the terms it wants to impose upon everyone else with their iTunes? You know, pay someone else 30% off the top and not be able to sell for less directly.

    Only idiots at Apple demand that terms they would never accept must be applied to all competitors.

    Apple is clearly not the consumers friend.

    1. Anonymous Coward
      Anonymous Coward

      Ahah

      Do you believe your own bullshit or is someone paying you to write it?

  15. Neil Stansbury
    FAIL

    @Reverse Lewis Mettier

    Dear RLM

    Ignoring the fact that you appear to be:

    a) A bit of a knob

    b) Seem to have just discovered the internet

    Your certainly don't appear to know much about the topic of trademarks, so lets just let the people that aren't intellectual trolls do the talking shall we:

    http://www.ipo.gov.uk/types/tm/t-applying/t-before/t-requirements.htm

    [snip]

    We will not accept marks which:

    describe your goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of your goods or services;

    have become customary in your line of trade;

    are not distinctive;

    [/snip]

    http://en.wikipedia.org/wiki/Genericized_trademark

    http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks

    http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#3

    Now, do us all a favour - be a good little troll and go feed some place else.

    1. Anonymous Coward
      Anonymous Coward

      It's amazing

      To find someone who cares enough to read actually read something. However:

      a) My being is completely irrelevant to this discussion. I have to be like this because the

      signal-to-noise ratio is just too low in forums like this. People somehow love posting whatever pre-conception even when they have no clue. I don't care for that so I just cut through it with and take no prisoners.

      b) The odds you were on the Internet, or X.25 networks (good times) before me are low. But if you were maybe we can swap blue box tones someday, or good Fidonet node numbers.

      Back to the topic why do you think your links make you more of an expert? I don't see it at all.

      If that's all it takes maybe I'm in the wrong profession.

      Now let's see, if Apple sued Amazon it's clear they already have the trademark, it's already been accepted.

      Also it wouldn't be registered through the UK IPO but in the US (they would apply here via the International system).As the legal battle is between two US companies your UK link is irrelevant.

      So I suggest you do yourself a favour and wait for the legal proceedings to go through, which at this point is really will decide the fate of the trademark, before spending more time on this.

  16. Robert Carnegie Silver badge

    Prior GUI

    Not only was VisiCalc, as I say, the apparent origin of "killer app", and Lotus 1-2-3 the second of them, Wikipedia declares that "VisiOn" was the first GUI for PC, probably easier to look up as project name "Quasar". A hyperlinked PDF business school document about What Went Wrong states that VisiOn was released in December 1983, late, by which time you could buy an Apple Lisa or let Microsoft tell you about Windows 1.0, which seems to be credited with inspired the term "vaporware" (I'm not sure about that) because it didn't arrive till over a year later. VisiOn also seems to have beaten GEM to your PC screen by around six months(?), and probably mainly or exclusively ran VisiCorp programs - but I'm sure they'd have opened an app store if things were different.

    Hands up who wasn't born yet then. I was, I'm in my forties. I even used some of this stuff, but not VisiCorp products. Amstrad PCs, or some of them, came with GEM.

    1. Anonymous Coward
      Anonymous Coward

      Good stuff

      I'm glad to have inspired a true historical computing search mission by posting on a article covering litigation over "app store"

      My work for today is done.

  17. Anonymous Coward
    Unhappy

    Words too common to sue

    App, Application, Store are common words so Apple will have a time suing. Like Office Depot was sued by Home Depot and they lost. Words are too common.

    Its not the exact spelling. I am sure application store is been used before Apple. App is abbr of application.....fat chance Apple.

  18. Tim Brown 1
    Coat

    I blame the Beatles...

    didn't they start Apple?

    (oh wait, wrong lawsuit...)

  19. OutOfContext

    RLM Appreciation Society

    Thinking of starting one - anyone care to join?

  20. beep54
    FAIL

    Apple now officially bites

    At this point I will NEVER purchase anything from Apple. Or Sony for that matter.

Page:

This topic is closed for new posts.

Other stories you might like