Amazon Defends "App Store" Use

[Andy Chalk]

Amazon Defends "App Store" Use

Amazon claims that "app store" is a generic term in its response to Apple's lawsuit over its use of the phrase, and that it therefore doesn't require any kind of license or authorization to use it.

lawsuit [http://www.amazon.com/mobile-apps/b?ie=UTF8&node=2350149011] seeking an injunction against its use of the term as well as unspecified damages. Apple claims the "Appstore" name infringes on its "App Store" trademark and is likely to "confuse and mislead customers," and further, that it's unlawfully using the "App Store" trademark to attract software developers to its platform.

Amazon, naturally, denies everything, including the claim that "App Store" - or "app store," as it prefers - can be trademarked in the first place. It acknowledged that it used the "app store" term to attract developers and that it did so without any kind of license, but "contends that no such license or authorization is required because 'app store' is a generic term."

The reply also notes the Oxford English Dictionary definition of "app" as "an application," and claims that Apple has in the past claimed it has "the largest application store in the world." It then goes on to quote Apple CEO Steve Jobs, who in October 2010 described Apple's App Store as "the easiest-to-use, largest app store in the world," presumably to illustrate that even Apple considers the term generic and interchangeable.

As Gamasutra [http://www.gamasutra.com/view/news/34342/Amazon_Responds_To_Apple_Lawsuit_Argues_App_Store_Is_a_Generic_Term.php] notes, U.S. trademark law allows trademarks to become "genericized" and sometimes unprotectable, as has happened with trademarks like aspirin, heroin, thermos and zipper.

Amazon's full response to Apple's "App Store" lawsuit is available from the L.A. Times [http://documents.latimes.com/amazon-apple-appstore-suit/].


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[Jibblejab]

I'm totally with amazon on this, its a broad term that you cant claim as your own.

To be anal an app store is "a retail establishment selling applications to the public". Not something you can claim as intellectual property really

 

[Jodah]

I gotta side with Amazon here. App store means a store that sells applications. It would be like trademarking the term grocery store.

 

[Yopaz]

Soon they will claim copyright on the lower case I (I wont type it in lower case since I am afraid for the lawsuit). This reminds me why I don't like Apple.

 

[subtlefuge]

I see no reason why Apple should have ever been granted this trademark. Our IP offices are a little bit wonky.

 

[The Human Torch]

Typical Apple bullshit. I am with Amazon all the way. Apple is worse than Microsoft these days and needs to be taught some humility.

 

[Woodsey]

Don't Apple have enough money not to be suing everyone (which they seem to be doing at the minute) over such petty shit?

App stands for application, dick heads.

 

[Braedan]

app store is to apps as book store is to book, stores that sell products. I understand why Apple doesn't want them to use the same name, but they have no real claim here.

On a different note, I know that Amazon has an app store now, so, good job Apple.

 

[RobCoxxy]

Siding with amazon. It's generic. It's not a made up word.
OT: Edge edge edge edge edge

 

[Gildan Bladeborn]

So in essence Amazon just pointed out what everyone who is not a fanatical adherent of the cult of Apple concluded the second they heard about the original lawsuit: Of course you can't properly trademark a generic term that can be explained by using its own name - an "app store" is a store that sells apps, so... an app store.

This is simply Apple being a trademark troll, and I'm quite glad that it's a company of Amazon's clout that set off this ridiculous legal action over an indefensible trademark; way less likely to see this settled out of court in Apple's favor when their target is itself freaking huge.

That Apple could even register "App Store" as a trademark in the first place is ample evidence that our trademark system is rather broken.

 

[Onyx Oblivion]

I hate Apple.

But I still want an iPhone, and use iTunes.

God damn it. They're too influencial, and get too much exclusive shit.

 

[Therumancer]

I agree with Amazon, it's a store that sells applications which are called "apps", it's very generic.

Really though, if I was Apple I'd be trying a differant track by saying that "App" is short for "Apple" and that Amazon.com is trying to claim to be selling products with my company's backing when they aren't. Since Amazon decided to use the term to attact developers they are violating the Apple trademark with App simply being an abbreviation of that.

I'd still lose of course, as I well should, but I think it would be a better and more long lasting copyright trolling attempt.

I sort of hope Apple does do that, because then when asked "why did you waste everyone's time" we can hear Steve Jobs himself say "I did it for the lulz".

Speaking Of Lulz, I am hoping the original "Encyclopedia Dramatica" returns. It was always good for a messed up laugh, and "Oh Internet" doesn't get the job done, since it just doesn't push the envelope the same way. Totally unrelated, but my last comment prompted me to think on how the internet has become a much less lulz filled place recently.

Come on Steve, become the biggest copyright troll in history! Entertain us.

 

[Ironic Pirate]

I'm siding with Amazon, for two reasons. One, App is a shortened form of application, and it is a store that sells applications, and that rolls of your tongue like a cement block.

Two, iTunes ate all my music, and instead of letting me pull it off my iPod as I would expect, proceeded to eat all the songs off of that as well, forcing me to track down hundreds of CDs and put them back on again. Fuck you, iTunes. No lubrication.

 

[drh1975]

Apple thinks they own just about everything, including words. Who cares if someone else uses the name "App Store"? The word "application" doesn't belong to any one person or group, so Jobs and his Gestapo can suck it.

 

[Mackinator]

I'm totally with amazon on this, its a broad term that you cant claim as your own.

To be anal an app store is "a retail establishment selling applications to the public". Not something you can claim as intellectual property really

Exactly. Apple are just testing the waters to see if they can make some free $$$ -.- There is not a sane person on this Earth that ACTUALLY believes that "app store" can be copyrighted.... is there?

 

[mjc0961]

Amazon is 100% right. Not much else to say really. I just hope they don't lose like so many other people who've come up against Apple in some legal thing have.

Really though, if I was Apple I'd be trying a differant track by saying that "App" is short for "Apple" and that Amazon.com is trying to claim to be selling products with my company's backing when they aren't. Since Amazon decided to use the term to attact developers they are violating the Apple trademark with App simply being an abbreviation of that.

Except then Apple would have even less of a case, because Amazon just has to say "Our stands for applications" and Apple loses.

Plus, who the hell shortens apple to app anyway? Makes no sense. I don't want to go buy an App iPod and I don't want to go drink some app cider.

 

[Muco5681]

i had fun reading this maybe Samsung and nokia should Sue apple over using the word ''app'' or app store since they did it first on the smart phone that came before iphone1

 

[mjc0961]

BTW, anybody see the new South Park last night? This article brought that to mind. xD

!

I forgot that had been on and recorded. Thanks for the reminder, I'm going to watch it right now.