Amazon Wins Right to Call App Store 'Appstore'

[pythonic13]

@thaile4ever you are missing the point of his whole grocery store analogy you focused on the fact that he used groceries but he could have put anything in, the point is that a company selling "x" cannot create a store called "x store" and expect to be able to trademark it. Your second point would only make sense in this situation if the store was selling "rwpritchett", if the store was selling bananas then yes it can trademark the name "rwpritchett".

Also if you cant tell the difference between the apple app store and the amazon app store, get off the internet..... asap

 

[cookoy]

Hamilton also denied the injunction on the basis that Apple had shown no evidence of dilution or tarnishment of the "App Store" trademark.

if i read this correctly, then Apple was granted the "App Store" trademark. But Amazon use of Appstore as a generic term did not dilute or tarnish Apple's trademark, especially since Amazon prefixed it with its name and Amazon Appstore is clearly different from Apple App Store.

 

[icepick314]

what?

iStore was taken already?

 

[winner4455]

[citation][nom]thaile4ever[/nom]Sorry but your logic fails in that "Grocery Store" has prior use and too generic which would prevent Apple from Trademarking it. Before Apple launched it's App store how many existed? Zero. There was no such store using that name before. Apples not suing Amazon for selling Apps, but for using it's name.A more accurate example would be you going and opening a store called rwpritchett store that sells X. Then a someone else in town opens their own store and calls it rwpritchett store also that sells the same thing. I hope even you can see how some people could be confused and think that they are the same store.[/citation]

I've never seen a grocery store just named "Grocery Store" either. What's your point?

 

[Guest]

"I'm going to start up a grocery store chain and call it "Grocery Store""
This is what I was thinking before I even opened the thread. App is short for application which has become the common usage for it over the past several years. If they shorten it to "A" should they be able to copyright that too? or does Fonzie own the trade for that by default. Maybe they should clarify the usage and call it the Apple App Store and ask others to do the same such as an Amazon App place,store,whore,etc.

Common sense is going to have to prevail at some point.

 

[Maxor127]

I don't think App Store is too generic. Comparing it to "grocery store" is idiotic.

 

[Guest]

Then Maxor127 what should we compare it to before we are idiots a gas station perhaps or something uncommonly used like Maxor127. If They called it Maxor127 I would support the claim.

 

[ericburnby]

[citation][nom]neverdyne[/nom]They don't have to go unique if they don't want to. Its too generic of a name, no one should own it.[/citation]
Way to completely miss the point. All the other smartphone platforms picked their own unique names for their App "stores". Amazon specifically picked the same name. You'd have to be an idiot to think that wouldn't cause some friction between Apple and Amazon.

 

[ericburnby]

[citation][nom]JOSHSKORN[/nom]They need someone with some brains working at that patent office. These patents are just too stupid.[/citation]
Someone needs to teach you the difference between "patent" and "trademark".

 

[LORD_ORION]

"Apple said at the time that attempts to contact Apple regarding its use of the term did not result in a "substantive response.""

Perhaps if they contacted Amazon instead?

 

[Userremoved]

[citation][nom]Maxor127[/nom]I don't think App Store is too generic. Comparing it to "grocery store" is idiotic.[/citation]
App store = Application Store
Grocery store
Idiotic? I think not

 

[Vladislaus]

[citation][nom]thaile4ever[/nom]Sorry but your logic fails in that "Grocery Store" has prior use and too generic which would prevent Apple from Trademarking it. Before Apple launched it's App store how many existed? Zero. There was no such store using that name before. Apples not suing Amazon for selling Apps, but for using it's name.A more accurate example would be you going and opening a store called rwpritchett store that sells X. Then a someone else in town opens their own store and calls it rwpritchett store also that sells the same thing. I hope even you can see how some people could be confused and think that they are the same store.[/citation]
So no digital application stores existed prior to Apple's App Store? So what was Download Catalog from Danger Hiptop that came online 6 years prior to Apple's App Store, or steam that preceded Apple for 5 years?

 

[blibba]

"Apple said at the time that attempts to contact Apple regarding its use of the term did not result in a "substantive response." "

What?

 

[Guest]

Interesting the Apple steals other companies product names (iPhone, iPad) and then turns around and sues other companies for doing the same thing.

 

[house70]

"Though Apple was the first to use the 'App Store' name (for its iOS application store) and is eager to ensure it is the only one allowed to use it, the phrase has become a generic term for the many app stores now available for BlackBerry, Android, WebOS, Nokia and Windows Phone 7 devices. "

Exactly. App Store =/= app store. Just like Marketplace =/= market place. Apple (sic) =/= apple.
Windows =/= windows. And so on.
When you pick such a generic name for your trademark, your only option is to make it capitalized and/or conjoin separate words to give it a unique spin. I'm pretty sure that Apple has trademarked (if it did, indeed) the name to be spelled just like that, precisely to be allowed the trademark. Otherwise, nobody can trademark common nouns from the dictionary and then sue left and right people that use them.
It's a store that sells apps. Hence the name. App Store (Apple) =/= Amazon Appstore. Spelling is different, no trademark infringement. Amazon should win the whole suit just based on this.

 

[K-zon]

On the idea of App World and Sotre, i like this one, what would you expect to find at either? Maketplace and Market, probably would find more then just apps yes? And usually do, probably full programs to the sense of software right? So why would Amazon want to change the place. if Amazon is right, in which it is called where you would finds apps? for sale or the like? Could call it probably Amazons App Store, but hopefully to say you are at Amazon to go to their App Store right? Specially for specific apps maybe.... If not just looking for Apps while at Amazon, or Apple, right? Otherwise say the "store" place would just hav a section for apps to say. But given the interest of place of interest given smartphones, probably be "smarter" to have on place to go for one interest maybe? Despite where it is, rather Apple or Amazon?

 

[alexmx]

Anyone remember the term appz when warez used to be popular? IIRC, the "z" was meant for plural.

But still, the generic term for all those applications was appz.

 

[scuba dave]

[citation][nom]house70[/nom]"Though Apple was the first to use the 'App Store' name (for its iOS application store) and is eager to ensure it is the only one allowed to use it, the phrase has become a generic term for the many app stores now available for BlackBerry, Android, WebOS, Nokia and Windows Phone 7 devices. "Exactly. App Store =/= app store. Just like Marketplace =/= market place. Apple (sic) =/= apple.Windows =/= windows. And so on.When you pick such a generic name for your trademark, your only option is to make it capitalized and/or conjoin separate words to give it a unique spin. I'm pretty sure that Apple has trademarked (if it did, indeed) the name to be spelled just like that, precisely to be allowed the trademark. Otherwise, nobody can trademark common nouns from the dictionary and then sue left and right people that use them. It's a store that sells apps. Hence the name. App Store (Apple) =/= Amazon Appstore. Spelling is different, no trademark infringement. Amazon should win the whole suit just based on this.[/citation]

Right on the money. This whole "app store" is too generic to trademark need to think about what they are saying.. Apple trademarked their name for example.. How can you get more generic than "apple"? They were however, the first to use "App Store", and as such, they should be able to trademark it, regardless of how other people view it, or dislike it. Welcome to the business world people.

 

[Vladislaus]

[citation][nom]scuba dave[/nom]Right on the money. This whole "app store" is too generic to trademark need to think about what they are saying.. Apple trademarked their name for example.. How can you get more generic than "apple"? They were however, the first to use "App Store", and as such, they should be able to trademark it, regardless of how other people view it, or dislike it. Welcome to the business world people.[/citation]
I wouldn't call a fruit generic when in the world of technology.

Just because they were the first to use the name on a product (keep in mind that some people already used the name application store / app store when referring to other digital distribution services) doesn't give them the right to trademark it. So if no one ever used "grocery store" on their names, does this means I have the right to trademark it even though is a common name when referring to that kind of store?

 

[danny69t]

here'a an ideea for Steve Jobs: trademark the name Steve Jobs, maybe someone else has the same name and people will think about Apples Steve when they hear the name "On todays news: Steve jobs robbed a grocery store"