It's Apple vs. Amazon Over "Appstore"

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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It's Apple vs. Amazon Over "Appstore"


It's King Kong Bundy versus Andre the Giant all over again, as Apple sues Amazon for using the name "Appstore [http://www.amazon.com/mobile-apps/b?ie=UTF8&node=2350149011]" for its mobile application portal.

The App Store [http://store.apple.com/us] is like the Kleenex of the mobile market. Not just because most of what comes out of it gets used once and thrown away, but because for the general public it's evolved from a brand to a generic name for something used to wipe the gunk out of your schnoz or, in this case, a place to buy mobile applications. But App Store, like Kleenex, remains a trademark nonetheless, and Apple isn't too happy about Amazon's use of the slightly-modified term "Appstore" as the name for its own app store for Android.

See? I can't even describe it without calling it an "app store." But making it official goes a little too far for Apple's liking, so it filed a lawsuit against Amazon seeking an injunction against its use of the Appstore name as well as unspecified damages. The company says Amazon is infringing upon its App Store trademark in a way that will "confuse and mislead customers," and claims that Amazon also intends to use the name for a planned mobile application download service.

Apple also claimed that Amazon has "unlawfully used the App Store mark to solicit software developers throughout the United States," a statement perhaps fueled by the front-and-center presence of Angry Birds Rio [http://www.amazon.com/gp/product/B004SBS8LA?ie=UTF8&ref=mas_faad], an Amazon-exclusive version of the massively popular iPhone game.

Apple's application to the U.S. Patent and Trademark Office to register App Store was approved last year but Microsoft filed an appeal of that decision, saying the term is "too generic" to be trademarked. That matter is still working its way through the USPTO appeals process.

Source: Bloomberg [http://www.bloomberg.com/news/2011-03-21/apple-sues-amazon-com-over-use-of-app-store-trademark.html]


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thethingthatlurks

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Feb 16, 2010
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"App store" as in "store for applications?" Please tell me you cannot actually trademark something like that...
Oh wait, we're in the insane realm of patents and frivolous lawsuits over them, so I hereby lay claim to breathing and the action thereof. Are you breathing? Well, give me some fucking money!
 

Shoggoth2588

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Aug 31, 2009
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I can kind of see what Apple was going for with their 'App' store. Maybe Amazon can just drop a 'p', thus making the 'Ap' Store.

That's unlikely to happen though. Being completely out of the loop though (as I have neither an ipad/phone/pod-touch or anything powered by Droid) don't both app stores offer mostly the same things anyway? My question is probably comparable to asking if the Playstation Network is basically the same as the Xbox Live Marketplace...please don't burn me too badly
 
Apr 28, 2008
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thethingthatlurks said:
"App store" as in "store for applications?" Please tell me you cannot actually trademark something like that...
Oh wait, we're in the insane realm of patents and frivolous lawsuits over them, so I hereby lay claim to breathing and the action thereof. Are you breathing? Well, give me some fucking money!
I patented the laying of claims and anything associated with them.

Someone's gettin' their asses sued!
 

mjc0961

YOU'RE a pie chart.
Nov 30, 2009
3,847
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Amazon should be joining Microsoft in that appeal, because nobody should be able to trademark a shortened version of "application store". Apple is completely, 100% in the wrong here.

That or I'm going to go patent lots of shortened versions of things. Nobody gets to say "LOL" anymore without giving me a dollar; instead you must say "laughing out loud" because I own the shorthand. I'm also going to get my hands on "MM" because there are so many people I can sue with that. Go after Nintendo for Majora's Mask, get Media Molecule too, and hey Escapist, you'd better fix those March Mayhem logos... ;)

Also, I've never heard of "Kleenex" being used to describe all tissues. I just call them tissues, and so does everyone else I've ever encountered. Now band-aid, that one everyone does.
 

Pilkingtube

Edible
Mar 24, 2010
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I always wondered what all those lawyers did in their spare time.. there are only so many sensible cases to take afterall, and since we get more lawyers in the world all the time and people are living longer, the surplus gets to spend its time with stupid cases like this! :D

Oh, and:
Your Nightmare said:
It's pathetic. Nuff said.
I love your avatar! xD
 

SnipErlite

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Aug 16, 2009
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.............wait, really.

Like. Really? App store. Surely means application store. So a shop for applications.

I'm gonna go ahead and agree that that's too vague. As in it's REALLY FUCKING STUPID.
 

C95J

I plan to live forever.
Apr 10, 2010
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Fucking stupid big companies trying to trademark ridiculous things. Do apple even know that "App" is short for "application"? Trying to copyright the word is stupid in my opinion.
 

thethingthatlurks

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Feb 16, 2010
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Irridium said:
thethingthatlurks said:
"App store" as in "store for applications?" Please tell me you cannot actually trademark something like that...
Oh wait, we're in the insane realm of patents and frivolous lawsuits over them, so I hereby lay claim to breathing and the action thereof. Are you breathing? Well, give me some fucking money!
I patented the laying of claims and anything associated with them.

Someone's gettin' their asses sued!
Ouch, well, I'm claiming the laying of claims on the laying of claims :p
And before this turns into an endless recursive loop, I also lay claim on suing, with particular emphasis on the suing of one's ass!
 

Something Amyss

Aswyng and Amyss
Dec 3, 2008
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thethingthatlurks said:
"App store" as in "store for applications?" Please tell me you cannot actually trademark something like that...
Oh wait, we're in the insane realm of patents and frivolous lawsuits over them, so I hereby lay claim to breathing and the action thereof. Are you breathing? Well, give me some fucking money!
Has nothing to do with frivolous lawsuits. This is a fairly standard part of trademark law in the US and has been for ages.

...Besides, I patented breathing YEARS ago. See you in court. >.>
 

Wicky_42

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Sep 15, 2008
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I'm pretty sure Apple trademarked "Apple" as well, and yet they're not going after orchard owners ;)

But seriously, Appstore =/= App Store; there's a full space and capitalisation in there, totally different kettle of phish, no idea what Apple's moaning about.
 

Eri

The Light of Dawn
Feb 21, 2009
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Hide your kids, Hide your wife

Hide your kids, Hide your wife

and hide your husband

Cuz they?re suin errbody out here
 

drisky

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Mar 16, 2009
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bahumat42 said:
OH COME ON
Once a word has entered the collective vocabulary (i never get to say things like that) it should be fair game, because everyone knows what it is and they all sell the same thing.

GO AWAY APPLE
(this is why everyone hates apple)
What about Band-Aids and Coke, I think collective vocabulary is a weak excuse ageist copy right infringement. Still App store isn't much of a trade mark, its just an abbreviation. Its almost like trying to patent "auto dealer" as a name for your "automobile dealership". I don't think there going to get any where with this.
 

esperandote

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Feb 25, 2009
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it's like the word "photoshoped", just because everyone say photoshoped to any image editing doesn't mean photo shop (tm) is free to use.
 
Apr 28, 2008
14,634
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thethingthatlurks said:
Irridium said:
thethingthatlurks said:
"App store" as in "store for applications?" Please tell me you cannot actually trademark something like that...
Oh wait, we're in the insane realm of patents and frivolous lawsuits over them, so I hereby lay claim to breathing and the action thereof. Are you breathing? Well, give me some fucking money!
I patented the laying of claims and anything associated with them.

Someone's gettin' their asses sued!
Ouch, well, I'm claiming the laying of claims on the laying of claims :p
And before this turns into an endless recursive loop, I also lay claim on suing, with particular emphasis on the suing of one's ass!
I feel this is relevant: