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11-20-2011, 07:03 PM #1
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
Last edited by Phillip Swanson; 11-20-2011 at 07:08 PM.
11-20-2011, 07:24 PM #2
This shouldn't surprise anyone. We already know that anytime a company releases a new product Apple will be suing them for some bs reason. Its becoming so ridiculous now. Apple=Pathetic!
11-20-2011, 07:56 PM #3
Last edited by xLastWishx; 11-21-2011 at 05:20 PM. Reason: Accidentally included a swear word, my apologies.
11-20-2011, 08:21 PM #4
Apples lawsuit against God for the creation of the world is still pending as well. I wonder if Steve Jobs is in Heaven pleading his case as we speak.
11-20-2011, 08:37 PM #5
At least until Apple actually owns the "App Store" trademark.
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11-20-2011, 08:45 PM #6
War is my mission. Killing is my ambition.
11-20-2011, 08:48 PM #7
If they dont' have a valid trademark, screw you to apple. My god, is apple full of 3 year old babies?
11-20-2011, 08:48 PM #8
11-20-2011, 09:28 PM #9
I agree that the lawsuits is over zealous but come on guys they have to protect every essence of there product to insure no other corporation can accomplish what they did, take advantage of flaws there competitors have. Apple knows it has to fight every battle like it might be there last. 1 bad year can cripple any company apples no exception. I'm my opinion there tough antics will lead another great company to innovate something new and awesome apple just sets the bench mark but not perfection....Black iPhone 4 32G jail-broken iOS 5.1 R.P
11-20-2011, 10:42 PM #10
maybe Google and RIM should file suit against apple for copying its notification center and messaging. or maybe all those poor guys who had their apps rejected by apple sue them for copying their rejected apps which are now part of iOS.
Jobs himself said he's a thief and not ashamed of it.
11-20-2011, 11:08 PM #11
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.
11-20-2011, 11:46 PM #12
Why must Amazon Appstore must be Android Appstore? Maybe Amazon is keeping their door open for Win7 apps. Hate apple, my iPhone 4 is my last iPhone.
11-20-2011, 11:54 PM #13
They are suing for a trademark that they don't even own yet...where's the face palm button when you need it. Common apple lose!
Amazon 4 da win!
Can wait for apple to sue any company that starts with an "A" claiming that it destroys the company's image
Oh and apple steals from everyone they just make it "better" or idiot friendly.
Last edited by Cellular; 11-20-2011 at 11:57 PM.
11-21-2011, 01:03 AM #14
Apple claims a lot of things. All we have are new lawsuits sprouting up with various companies flinging dirt at one another in order to try and make something stick so that they may collect. Things are currently just a huge mess in terms of patent and trademark in the smartphone sector.
Last edited by sziklassy; 11-21-2011 at 01:06 AM.------------------------------------------------------------------------------------------------------------------------------------------------------------------
I once prayed to God for an iPhone, but quickly found out He didn't work that way...so I stole an iPhone and prayed for His forgiveness.
A dog is the only thing on earth that loves you more than you love yourself. - Josh Billings
11-21-2011, 04:02 AM #15
Apple dont like any competition so they sue them instead of making a better product.
Proof is the in-app purchasing from other book apps. Kindle, Kobo, and others have all had in-app purchases removed as Apple doesn't like competition so they ban it or sue them. Stupid Apple.
How about stop all this crap and listen to what consumers want then start again. Instead of suing everyone put the money to good use and MAKE A BETTER PRODUCT. That way you wont loose money and you will make more money.
But Apple arn't that smart so they will keep on suing people and wasting money and just pissing everyone off in the process. They will eventually piss everyone off and nobody will want to use anything with the Apple brand. Their loss in the end.
11-21-2011, 06:45 AM #16
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.Black iPhone 4 32G jail-broken iOS 5.1 R.P
11-21-2011, 07:19 AM #17
god reading these forums make me hate apple sooo much
11-21-2011, 08:51 AM #18This shouldn't surprise anyone. We already know that anytime a company releases a new product Apple will be suing them for some bs reason. Its becoming so ridiculous now. Apple=Pathetic!
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.
you're a liar plain and simple. Samsung products do not copy the way apple's products are packaged and while we're talking about tons of people coping their design, Id like a list please?
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'.
Another high profile rip off was the HP touchpad. All buttons positioned in the same locations... slide to unlock, pinch to zoom. All this is IP that APPLE CAME UP WITH, but now you nimrods seem to think that IP shouldn't exist.
Where were samsung, htc, amazon, and everyone else back in 2007 when the iPhone was released? How bout 2010 for the iPad? What was stopping these companies from releasing a product BEFORE Apple did all the leg work on R&D and took the enormous risk of releasing a radical new product? If the competition was truly INNOVATING then they would have something to show for it aside from a bunch of rushed, half-*** Apple knock-offs.
I assume that most of the comments so far are from korean nationalists because they're soooo slanted and they've all been posted in the weeeeeee hours of the mourning (EST).
Apple didn't invent the AppStore. Remember installer? It came first and everything was free and without ads.
This is the kind of rock-stupid statement that makes me question if the commentors here have any reading comprehension or critical thinking skills at all. Let's look at the FACTS shall we.
•Macintosh OS was introducted in 1984. It was the first comercially available OS that incorporated elements of Xeroxs PARC GUI and paved the way for ALL computers since. (don't bother saying that Apple stole it outright either because that's simply not true. Xerox got massive stock options and the Alto was already a dead end anyway as far as their brass was concerned.)
•This new 'GUI' used something called ''windows' to indicate which file directory a user had navigated too. Inside the 'windows' were objects that were largely either 'documents' OR 'applications'.
•Apple has called there software Applications since the inception of the Mac.
•November 20, 1985 Microsoft released a hastily copied version of Apples amazing new GUI. They called it 'Windows'. Most of the design elements were similar or EXACTLY the same. Of course Apple didn't realize that M$ was busy stealing and patenting there IP until it was too late, and decades of legal battles later Apples coffers were drained.
And all this time Microsoft has been calling there software 'executables' and 'programs' Now Microsoft suddenly want to do a 180 and begin calling their software Apps?
The laughable part is that is M$ who's trying to block Apple from the trademark because it's too 'generic'. This is the same M$ that trademarked 'windows'.
The term 'Appstore' has now become synonymous with Apples iOS devices and the software store they access. If someone needs a new piece of functionality for their device, they simply check the 'Appstore' and download the App.
Apple has the right of this too. The general public isn't tech savvy. Imagine if Joe-dumbass see's a commercial for the Amazon Kindle with the App Store. He might assume "Oh neat, Amazon's got the AppStore now" thinking it's the same thing he's been hearing all about these past few years. He proceeds to go out, buys a kindle, and the version of angry birds he installs is the wrong one and doesn't play on his device properly. This tarnishes the name of the 'AppStore' for Apple, as some of the 'uninitiated' will think they're the same.
Prior to Android, there was a Samsung Store to download software to mobile phones. Now there's the Android Market. Neither of these two companies thought they needed to knick Apples store name to try and ride their coat tails. Microsoft is pathetic for doing it and Amazon is just following suit.
Imagine if Amazon had called their new device the 'Windows' tablet. Would anyone be surprised when M$ sued them back to the stone age? 'Windows' is just as generic as 'Appstore'
They may have more money than me but you don't see me suing the neighbor because they cut their grass the same way I do.
All you people crying foul that Apple doesn't innovate need to pull your heads from your asses and get with reality. Apple is one of the ONLY companies that is continuing to innovate constantly. Fandroids and freetards seem to think that a increased spec here, or a different aspect ratio there is great 'innovation'. It's not.
Renovation or Innovation? | Kamran Qamar
The reason for these lawsuits is that Google ripped Apple off wholesale and is GIVING AWAY APPLES IP for FREE to APPLES COMPETITION. Apple invested MILLIONS in R&D and took HUGE risks bringing new products to market. Meanwhile everyone else just watches what Apple does and tries to keep up. Nothing innovative about it.
Here's an example. When M$ released the Kinect, that was a truly innovative product (nevermind that M$ didn't invent it, they brought it to market) that hadn't been done before. Meanwhile Playstation 'Move' wasn't innovative in the slightest. Just a DIRECT KNOCK-OFF of the nintendo wii system (which was also innovative at the time). Sure PS3 has better graphics and more powerful hardware, but the 'Move' wasn't an 'innovation' at all. It may be arguably a better implementation than the nintendo system, but it's certainly nothing new, groundbreaking, or original. This is the difference between Apple and Android.
Even if it's something as simple as seeing a potential future market for something like voice controlled AI, buying Siri, developing it further, and bringing it to consumers- this is INNOVATION. You're giving the market something that wasn't available before.
Meanwhile sammy, htc, moto, and amazon and just tweaking Apples original concept and trying to climb the tower that Apple built. With the help of their friend google who thinks they're the 'robin hood' of the tech industry. This isn't 'innovation'. Anyone who claims that Apple is doing something wrong by protecting their IP is either a hillbilly or a child. Why SHOULDN'T Apple protect there IP?
Constant 'go-to talking points' about 'You can't patent a rectangle!' and 'All cars have steering wheels!' are just demonstrative of how truely ignorant you clowns really are.
Before the iPhone there was no capacitive, multitouch device with slide to unlock, pinch to zoom, and visual voicemail. Apple made it look so easy that you take it for granted, but these are things hadn't been incorporated into a device and brought to market before. This is Apples IP.
Instead of crying foul, you should be thanking Apple for ALL THIS STUFF. You'd all be punching little keys on your blackberries and winmo 6.5 devices if not for the iPhone.
You'd all be using DOS and BASIC spreadsheets on IBM and TANDY computers if Apple hadn't come along and INNOVATED something SUPERIOR.
You wouldn't have the World Wide Web that we all know and love without Apple firing SJ. The WWW was developed using the object oriented NeXT Box that was developed as a direct result of Apple firing Steve Jobs. Who should you be thanking more now- Apple, or Steve?
But you're all ungrateful little hipsters that just see it as "Apple is over priced", "Apple customers are sheep", "Apple is just a status symbol". Next time you use your PC, Mobile device, or the Web, just remember that none of it would be like it is now without Apple paving the way.
I pity those of you that can't see the writing on the wall by now. Apple WILL win these litigations because they've got 90 billion and the law on their side. Enjoy your korean knock-off smart phones while you can. Google has pissed off Microsoft, Oracle, Apple, and the US Federal Government. Place your bets!
Last edited by lordthree; 11-21-2011 at 08:58 AM.
11-21-2011, 09:38 AM #19
Other companies don't expect Apple to steal their ideas and patent it as their own where it clearly wasn't to start with.
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.
11-21-2011, 09:42 AM #20
I'm actually with Apple on this one. It's one thing to come up with a similar idea - they aren't saying Amazon can't have a similar store. But when you rip off on the name they use and then utilize familiarity with that name in your marketing it is crossing the line. It would be like Apple selling iPads that offer Windows Explorer per-installed, only it isnt the real Windows Explorer (obviously).