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  • Apple Claims Kindle Misuses 'App Store'



    Amazon’s full range of new and improved Kindle devices, including the Fire, are now available to consumers. It makes sense then that Apple would modify its lawsuit against Amazon to accuse the internet retail giant's Kindle devices of infringing on its App Store trademark.

    In the complaint filed last week Apple claims “Amazon began altering its use of the infringing mark by omitting or de-emphasizing the use of the ‘for Android’ suffix to the ‘Amazon Appstore’ phrase.” This new complaint is just part of the larger legal between Amazon and Apple over the ‘App Store’ trademark which started in March of this year.

    Apple tied the change of Amazon’s “Amazon Appstore” to the launch of the Kindle Fire. Promotional documents use the “Amazon Appstore” on Amazon’s website, and in other marketing materials across the web. Apple is requesting that the the “for Android” suffix be added to all references of Amazon’s App Store.

    Apple presented a screenshot of Amazon.com with an advertisement for the Kindle Fire that used the phrase “Amazon Appstore — thousands of popular apps and games.” Amazon has since changed the ad’s copy, completely omitting any references to an “Amazon Appstore.”

    Apple’s filed for the “App Store” trademark in 2008, but the application is pending, waiting for a resolution of opposition from Microsoft. Microsoft asked the U.S. Patent and Trademark Office to deny Apple’s trademark application last January, but the decision is on hold because of the Apple vs Amazon case. Somehow I see this jumbled mess of litigation dragging out for a while yet.

    At least until Apple actually owns the "App Store" trademark.

    Source: PC World
    This article was originally published in forum thread: Apple Claims Kindle Misuses 'App Store' started by Phillip Swanson View original post
    Comments 29 Comments
    1. NakedFaerie's Avatar
      NakedFaerie -
      Quote Originally Posted by Jarolin Vargas View Post
      apple is smart to keep their ideas and upcoming projects a secret. if apple said in 2006 that they were going to release a cell phone with touchscreen and call it an iPhone, other companies would have stolen their ideas and done it before they did. even after they released it, other companies began coming up with the same thing by looking at the iphone, ipad, and ipod.
      Do you realize there were already touch screen phones way before the iPhone came out. And a lot of them were better than the iPhone.
    1. szr's Avatar
      szr -
      Quote Originally Posted by LoringStudios View Post
      Sorry guys, I'm in the design industry and a trademark is a trademark. I hope they get it and murder kindle.
      Why? Because apple invented the App store. There was no such thing before.
      If amazon wants to use it.. Pay up.
      Anyone that sits and nags on apple for being smart is stupid. One day you'll think of a great idea and look to protect it.
      1) Apple doesn't actually own the trademark for "app store", and 2) Apple most certainly did not invent the idea of downloading programs over the Internet and presenting the user with a way to browse. Steam allowed for this for desktop systems since the around late 2003, and one also cannot forget the multitude of web-sites which had the same sort of format years before that. Maybe Apple was one of the earlier to implement it in a mobile device, but even then it wasn't their original idea. It was actually something that (wait for it) came out of the jail-break world; the original iPhone OS did not have any sort of "app store."
    1. xLastWishx's Avatar
      xLastWishx -
      Quote Originally Posted by szr View Post
      1) Apple doesn't actually own the trademark for "app store", and 2) Apple most certainly did not invent the idea of downloading programs over the Internet and presenting the user with a way to browse. Steam allowed for this for desktop systems since the around late 2003, and one also cannot forget the multitude of web-sites which had the same sort of format years before that. Maybe Apple was one of the earlier to implement it in a mobile device, but even then it wasn't their original idea. It was actually something that (wait for it) came out of the jail-break world; the original iPhone OS did not have any sort of "app store."
      1) Salesforce Gave Apple the App Store Trademark and Domain as Gift

      List of Apple's Trademarks


      Think before you speak please. This goes for everyone else. Also for those that are saying they hate Apple, why not leave and join the tirade of Android armies on Engadget? Why are you on a website dedicated for iDevices? Honestly, YES Apple is capitalism. You can't BLAME them though. Look at Lululemon, Gucci, Armani. BRAND BRAND BRAND BRAND! BUT not functionality. When it comes to iDevices a simple REBOOT fixes MOST problems that I've ever had.

      iCloud is AMAZING for me and PHOTOSTREAM helps me out so easily. Viewing photos of me and my girlfriend's trip around the world on our iPad 2s and iPhones. I'm switching to a MBP soon because Windows is getting old.

      IMHO, WP7 and iOS are the clear winners no matter what. Android is just a leftover and relies HEAVILY on handset manufacturers to actually distribute their OS. KUDOS TO THE SAMSUNG GALAXY 2!

      Anyone saying "Android is for geeks". IS TERRIBLY 100% WRONG. All my friends that had Android DIDN'T EVEN KNOW HOW TO MOUNT the SD card. They didn't know they had to make a music folder for instance (Not sure if you still have to now, I'm just saying)

      So in the end, Apple has: Brand power, loyal customers (Sure call us iSheeps, Apple Fanboys, Whatever), GREAT OVERALL SATISFACTION GUARANTEES (Never had to return an iDevice before).

      I'm NOT hating on Android or the Kindle, I'm just sticking up for Apple's decision. Morally wrong, yes perhaps but still legally right and actually quite fair.
    1. szr's Avatar
      szr -
      Quote Originally Posted by xLastWishx View Post
      1) Salesforce Gave Apple the App Store Trademark and Domain as Gift

      List of Apple's Trademarks


      Think before you speak please. This goes for everyone else.
      I believe this nod more to do with Internet domain names pertaining to "app store"; If recall correctly, Apple was never actually granted ownership of an official trademark (which still need to be registered or approved.) when they say it was given as a "gift", that is a formality. It still needs to be official and last I've read on the matter, it is still pending.) If you know something to the contrary, then all means share it. Otherwise, as far as I know, it is not currently officially Apple's trademark.

      Quote Originally Posted by xLastWishx View Post
      I mean no offense, but I've learned long ago not to necessarily trust that a information posted on a companies web-site to always be 100% accurate. It is often better to reference an actual authoritative source instead.
    1. xLastWishx's Avatar
      xLastWishx -
      Quote Originally Posted by szr View Post
      I believe this nod more to do with Internet domain names pertaining to "app store"; If recall correctly, Apple was never actually granted ownership of an official trademark (which still need to be registered or approved.) when they say it was given as a "gift", that is a formality. It still needs to be official and last I've read on the matter, it is still pending.) If you know something to the contrary, then all means share it. Otherwise, as far as I know, it is not currently officially Apple's trademark.

      I mean no offense, but I've learned long ago not to necessarily trust that a information posted on a companies web-site to always be 100% accurate. It is often better to reference an actual authoritative source instead.
      FINALLY, someone who argues with FORMALITY and therefore my response will be formal.

      1. Not quite, it's actually for BOTH. One problem, Android Manufacturers said it was too generic and therefore the actual term was NOT granted but it was SERVICED in favor of Apple, meaning as for now Apple has more control over the term (YES it is still pending, but not in favor of Apple). Hence NO TRADEMARK MENTIONED ON AMAZON'S WEBSITE. THIS is where your 2nd point comes in.

      2. I too have learned not to trust companies as not all information BUT here's where I shall "whip out" a quote: "Benioff liked the name so much that he trademarked the term and bought the domain. It was only when Apple (and Jobs) introduced the App Store on the iPhone that the Salesforce chief decided he needed to something about the term and the domain, now that the Cupertino-based company was using it. "

      But now Benioff has 'gifted' the trademark to him because of how great of a person he (Jobs) was.

      If you know about the history of SalesForce then you know that they had trademarked the term. Instead of USING App Store at that time they just decided to use "AppExchange".

      To conclude, the term was TOO generic because of the importance of it but Apple still has it. Think about trademarking the term "Search Engine" and you purchase the domain "SearchEngine.com". It's FAR too generic and perhaps, at "Archies" time it wouldn't matter. But now there's tons more search engines and with better features, more functionality, etc which benefits everyone that has access to search engines such as "Google.com", etc, etc.
    1. sirbebe's Avatar
      sirbebe -
      Quote Originally Posted by NakedFaerie View Post
      "they took what they wanted" Not always Apples design. They mostly take someone elses design and put it out as their own.
      Other companies don't expect Apple to steal their ideas and patent it as their own where it clearly wasn't to start with.


      Exactly. The more hype you hear here the more hate you have for Apple.
      All they are doing here is proving more and more stolen ideas and features Apple have stolen then patent so the original owner of it has no chance of getting back their idea.

      And Apple should be sued by god as wasn't it god who first had something do to with an Apple? Oh, the apple was evil right? Looks like time doesn't change anything.
      They took what they wanted and made it better.
    1. sziklassy's Avatar
      sziklassy -
      Quote Originally Posted by sirbebe View Post
      Well that's exactly why they fight every possible battle!!! All these other companies where stupid enough not to protect there investment why would you invent something and not make it so no one else can infringe on it that's why every one hates apple because they took what they wanted and protected what they knew every one else would want.
      I also hate companies that use tax loopholes to dodge paying millions in taxes. It's perfectly legal for them to do. Does that make me a bad person? Does it make me wrong?
    1. Agent929's Avatar
      Agent929 -
      Quote Originally Posted by LoringStudios View Post
      Sorry guys, I'm in the design industry and a trademark is a trademark. I hope they get it and murder kindle.
      Why? Because apple invented the App store. There was no such thing before.
      If amazon wants to use it.. Pay up.
      Anyone that sits and nags on apple for being smart is stupid. One day you'll think of a great idea and look to protect it.
      Dude blackberry had it before apple
    1. jOnGarrett's Avatar
      jOnGarrett -
      [QUOTE=lordthree;6311681]It's simply baffling how mind numbingly stupid and simple you morons are. The reason Apple lost against M$ back in the 90's was because M$ shamelessly ripped them off and then beat them to patents. Apple tryed to litigate, but M$ had gotten the patents first. What did Apple learn? PATENT and TRADEMARK EVERYTHING.

      Nothing evil, non-competitive, or petty about it. Apple is playing the game by the rules set up by national and international law. Don't like it? Take it up with the governments of the world.

      Please explain how Samsung products DON'T copy Apple. All but the newest Galaxy Tab 'N' are DIRECT, SHAMELESS ripoffs of products that Apple spent millions upon millions on in R&D.

      Everything from the position of the home, sleep, and volume buttons, all the way to the packaging. Of course even when confronted with DIRECT PROOF, I'm sure you'll blindly contradict the obvious out of pure hatred for '#1'.


      Apple's ideas are NOT original, here's some of what they've copied.

      1960s Braun Products Hold the Secrets to Apple's Future