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  • Feds May Decide if Apple's 'App Store' Can Co-Exist with Amazon's 'Appstore'


    Listen up, Amazon... “appstore” is neither generic or legally permissible for you to use. That's the message Apple is essentially sending to Amazon. Again.

    In a bitter battle that has ended up in a courtroom showdown, Apple is refusing to "play nice" and let others share in the promotional rewards of having an "app store"" to call their own. And thankfully for those of us who are utterly tired of reading about this lingering app store war, perhaps a resolution - but not an amicable one - will soon be reached in the court of law.

    In yet another filing this week in a California federal court, Apple has once again pursued legal channels to express its displeasure over Amazon's use of “Appstore” - despite the fact that Amazon presents "Appstore" is one word. According to Amazon, “the words ‘app store' together denote a store for apps, such as the app stores operated by Amazon and Apple.”

    "Apple denies that, based on their common meaning, the words 'app store' together denote a store for apps," Apple said in its filing yesterday, illustrating the company's commitment to keeping the fight alive. "Apple denies that the words 'app store' are commonly used among many businesses to describe mobile software download services and further denies that the term 'app store market' is used to describe the market for mobile software download services."

    Indeed, no matter how far Amazon pushes its argument, Apple isn't going to back down. And, for this reason, it's apparent that federal courts may ultimately have no choice but to settle what Apple and Amazon can't seem to work out between themselves.

    Source: PC World
    This article was originally published in forum thread: Feds May Decide if Apple's 'App Store' Can Co-Exist with Amazon's 'Appstore' started by Michael Essany View original post
    Comments 32 Comments
    1. dale1v's Avatar
      dale1v -
      Quote Originally Posted by TheJailbreakGenius View Post
      Definitely.

      Apple DEFINED THE NAME. there was no such thing as an app, b4 Steve Jobs let that word loose at the original iPhone conference.
      No.
      That would probably violate the constitution, dumb$&@#. do u think b4 u talk???

      Just stop.
    1. Rokesomesmeefer's Avatar
      Rokesomesmeefer -
      Quote Originally Posted by ohthatguyagain View Post
      What if congress were to limit publicly traded companies to say... 100 lawsuits a year. Would that finally end this insanity??
      Nah, they'd just wait 'til next year to sue.
    1. garrettjansen's Avatar
      garrettjansen -
      Suing over the use of "market". Come on...
    1. SirZyrion's Avatar
      SirZyrion -
      Wasn't Apple the first company to refer to mobile applications (and later computer software) as "apps"? Every other company was still calling software "software" until the App Store took off, then everybody tried to say "App" and "App Store" is a common term in the business realm. Apple has a legitimate gripe. However, I feel as though if they were going to pursue action like this, they should have tragemarked the name before the app store launch.

      I also happen to think they should have coined the stylized lowercase "i" in front of everything: "iPhone", "iPod", "iPad" were cool, but now my job uses "iPerform" and "iLearn", and I saw the new Pirates movie last night at the "iPic Theater". A trendy, innovative company like Apple dropping these things on the public without thinking through tradenames is almost as bad as them releasing the iPhone without any patents. This feels like APple dropped the ball on major intellectual property, and now they're scrambling to tie up the loose ends.
    1. Sanady361's Avatar
      Sanady361 -
      Quote Originally Posted by Cokeman View Post
      What's the big deal? It's not like iOS device owners can browse over to Amazon's "appstore" for apps. The average idevice owner will never know Amazon has a "appstore" all they know is Apple has a "app store".
      Personally I think Amazon did it just to piss Apple off.
      Well said.
    1. Cody Overcash's Avatar
      Cody Overcash -
      test
    1. Orby's Avatar
      Orby -
      Quote Originally Posted by Cokeman View Post
      What's the big deal? It's not like iOS device owners can browse over to Amazon's "appstore" for apps. The average idevice owner will never know Amazon has a "appstore" all they know is Apple has a "app store".
      Personally I think Amazon did it just to piss Apple off.
      What's interesting is "App Store" (two words) was filed for trademark by Apple in the USA on July 17, 2008 (a week after the App Store's launch) but "appstore" (one word) is an abandoned trademark in the USA from a "Sage Networks, Inc.," with the mark officially abandoned on November 24th, 2000.

      Amazon might just be able to come away with the win on this one--with the added bonus of incensing Apple. #Winning™ right there.
    1. topless1967stang's Avatar
      topless1967stang -
      I've had every version of the iPhone and yes I use 'apps' and download apps.
      I was helping a friend with her Samsung phone and we looked for 'apps' and we
      commented on how the Samsung phone has very few 'apps' compared to the iPhone.
      My friend went from an iPhone to Android phone for some reason, and we talked about there being more 'apps' on the iPhone compared to Android apps. He said there were some 'apps' on the Android that he liked better than the iPhone "apps"

      So saying apps is like saying "software" or "programs" or "games". If Apple owned the term "Thunderbolt" they would have told Intel to stop using that name or they will be sued.
      Intel seems to be pretty cool about letting Apple use the term "Thunderbolt", so Apple needs to chill out.
    1. NSXrebel's Avatar
      NSXrebel -
      Quote Originally Posted by topless1967stang View Post
      I've had every version of the iPhone and yes I use 'apps' and download apps.
      I was helping a friend with her Samsung phone and we looked for 'apps' and we
      commented on how the Samsung phone has very few 'apps' compared to the iPhone.
      My friend went from an iPhone to Android phone for some reason, and we talked about there being more 'apps' on the iPhone compared to Android apps. He said there were some 'apps' on the Android that he liked better than the iPhone "apps"

      So saying apps is like saying "software" or "programs" or "games". If Apple owned the term "Thunderbolt" they would have told Intel to stop using that name or they will be sued.
      Intel seems to be pretty cool about letting Apple use the term "Thunderbolt", so Apple needs to chill out.

      Well there's a difference there, Apple cooperated with Intel to create LightPeak/Thunderbolt. Intel has given permission to Apple to use the term Thunderbolt.

      Apple didn't agree to let Amazon use the term Appstore/ App Store, which they popularized.
    1. Gamemaster77's Avatar
      Gamemaster77 -
      Quote Originally Posted by ;6062187 View Post
      Apple's legal team are evidently bored and looking for someone to piss off while they wait for their next release.
      Just thought I'd point out that you just made me laugh,. Funny quote of the day *WINNER = dale1v*
    1. szr's Avatar
      szr -
      Quote Originally Posted by TheJailbreakGenius View Post
      Apple DEFINED THE NAME. there was no such thing as an app, b4 Steve Jobs let that word loose at the original iPhone conference.
      No they didn't. The term "app" is just short hand for "application", and has been in use in the realm of computers for at least the last 20 years that I can personally remember. Apple didn't create the word, they put "store" after it, and no matter how they want to spin it, it is generic, like "record store" or "book store," popularized or not.

      Quote Originally Posted by GeneralSun View Post
      "App Store". The term "app" could also be short for "apple". In Apple's app store they sell more than just applications. Thinking.....?
      No, "app" is a short hand for "application", as in the synonym for "[computer] program", and not for Apple. Apple's short is APPL, at least in the stock market.
    1. szr's Avatar
      szr -
      Also, I forgot to mention, that "app" can also be short for "applet" too, which is essentially just a terming meaning small application. Java has used that term for well over a decade, (though only for those running within browsers, despite the fact that the same programs running on a desktop instead would normally just be called a Java application (or "Java app")) and, IMHO, that term appears to work well in describing iOS apps. Further more, there IS a separate "Apple Store" app for iDevices, is there not? "App Store" is for getting applications, plain and simple. It's not for getting apple, nor is it for inquiring about Apple support. Lastly, there would just be no point in shortening a 5 letter word to 3 letters. An 11 letter word on the other hand...