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Thread: Apple Loses Its Appeal for the "App Store" Trademark in Australia

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    What's Jailbreak? Akshay Masand's Avatar
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    Default Apple Loses Its Appeal for the "App Store" Trademark in Australia


    An Australian court recently tossed Apple’s appeal of a prior ruling that found the “app store” moniker unavailable for trademark because the term is too descriptive. It was Federal Court of Australia Justice David Yates who dismissed Apple’s appeal of a decision which was handed down by the country’s Registrar of Trade Marks denying rights to the term “app store,” ordering the company to pay resultant legal costs associated with the case. Yates had the following to say regarding the matter:

    Apple has not established that, because of the extent to which it has used the mark before the filing date, it does distinguish the designated services as being Apple's services. It follows that APP STORE must be taken as not being capable of distinguishing the designated services as Apple's services. The application must, therefore, be rejected.
    For those of you who didn’t know, this isn’t the first time Apple ran into trouble over the “app store” name which some have been arguing is a vague or descriptive term that shouldn’t be protected. In 2011, Apple filed suit against Amazon for violating an “App Store” trademark previously and companies like Microsoft have been persistent in blocking approval from the US Patent and Trademark Office.

    The Cupertino California company’s first use of the term dates back to 2008 when the App Store was first launched as a method of third-party software distribution created for the iPhone 3G. The App Store has since then grown to include a large number of apps that have since been split into both iOS and Mac variations with the iOS version recently reaching a record 7.8 million daily downloads.

    Apple, like many tech giants, is known for applying for trademarks in foreign countries. It does so as a way of securing marks while at the same time keeping upcoming products a secret prior to launch. An example of this are a pair of filings in the Trinidad and Tobago Intellectual Property Office that revealed the “Healthbook,” which debuted in iOS 8 as the “Health” app along with the “HealthKit” which was also revealed. Usually have a successful application, Apple moves forward by covering the mark in more significant markets.

    We’ll have to wait to see if Apple leaves the issue as is or if the Cupertino California company will continue to pursue the issue further.

    Source: The Sydney Morning Herald

    Twitter: @AkshayMasand

  2. #2
    iPhone? More like MyPhone Wayno's Avatar
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    Correct decision. It's like Ford trying to trademark 'steering wheel'. Never gonna happen.

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