Apple's Beats brand in April unveiled the Powerbeats Pro, a redesigned wire-free version of its popular fitness-oriented Powerbeats earbuds.
MacBook Pro Updates
Amazon Responds to Apple's Trademark Lawsuit Over 'App Store'
Just over a month ago, Apple filed a trademark lawsuit against Amazon over the company's use of the term "Appstore" for its own Android application marketplace. According to the suit, Apple is seeking an injunction to prevent Amazon from using the name, which Apple believes infringes upon its own "App Store" mark.
GeekWire reports that Amazon has now filed an official response (PDF) to Apple's suit, calling the claim baseless and asserting the generic nature of term.
The Seattle-based online retailer asked a federal judge in San Francisco to throw out Apple's trademark suit, calling the phrase "app store" generic and not something that Apple can claim for its exclusive use. Amazon's filing echoed Microsoft's arguments in a separate dispute at the U.S. Patent & Trademark Office opposing Apple's attempt to register the trademark.
Using a similar tactic to that employed by Microsoft in its attempts to have Apple's "App Store" trademark application denied, Amazon has cited comments by Apple CEO Steve Jobs in which he refers to app stores in the generic sense rather than specifically in relation to Apple's marketplace.Amazon has also filed a counterclaim seeking dismissal of Apple's suit, a declaratory judgment that use of the term "app store" does not infringe upon Apple's trademark rights, and reimbursement of attorney's fees and other costs.
Apple has asked that the courts address the trademark lawsuit on an accelerated timetable in order to head off the rapidly increasing number of entities using "App Store" and related terms, but the court has yet to issue a decision regarding that request.
[ 169 comments ]
Top Rated Comments
(View all)
106 months ago
Amazon "One Click" not only use generic words but also patents obvious methods.
106 months ago
How can it be generic if no one had one before apple created there's? Suddenly everyone calls their market place an app store. There've been digital stores for years, and none were app stores.
106 months ago
Apple App store
I have to say I never heard of an "App Store" before Apple started one. Was there another before then?
When I open windows in my home an I running a PC?
Wheres FullOfWin when you need him?
Apple deserves some crap for all their ill-efforts to trademark "App Store". Next thing you know, Apple might sue the National Zoo for using the term Lion at an exhibit :rolleyes:
I have to say I never heard of an "App Store" before Apple started one. Was there another before then?
When I open windows in my home an I running a PC?
106 months ago
Yes Amazon jump on the "it's generic" bandwagon. :rolleyes:
Please lets just keep this thread about the response and not "But how is it generic. . ." "Apple didn't create App. . ." "Well Amazon is right it's generic. . ."
I don't think it's generic that's my opinion and I'm sticking to it. I'm moving on.
Amazon's problem is that Apple actually has a valid trademark. Microsoft did the right thing: They probably want to use the trademarked term, so they sued Apple to get the trademark invalidated _before_ using it. There is no legal risk for Microsoft there; worst case they lose the court case and have to pay their lawyers and go home, that's it. Amazon did the wrong thing: They just used the trademarked term. They continue using it throughout this lawsuit apparently. So if Amazon loses, this could be very, very expensive for them.
Amazon did something similar with their cloud-based streaming service, which they started without permission of the record companies. Which means they are ahead of Apple and Google, but they are being sued now, and if anything sticks, this could be very, very expensive. Much more expensive than using "App Store" without Apple's permission.
106 months ago
First the Verizon iPhone rumors come to fruition. Now comes the long-awaited White iPhone 4......
Now we can all start rumors about if and when "App Store" will become a trademark. Personally, I think Apple should get the trademark given precedents out there, but if they don't, I really don't care. After a decision is rendered in this case it will be old news in 48 hours and nobody will care.
What strikes me is how clear it is that Apple is leading the way and trying to fend off so many folks who are trying to mimic and dilute their brand or copy their every move. Everybody wants to ride the wave that is Apple's success.
Personally, I applaud Microsoft a bit here. Sure they have copied Mac OS X elements in Windows for years, but Windows Phone has its own unique user interface and Kinect is an extremely innovative accomplishment. Would be nice if more companies were innovating and making cool stuff for us to buy, rather than just trying to copy Apple. I'm so tired of Google's "let's make it close enough to iOS and claim it runs Flash and is 'open'" strategy and Samsung's "let's just make it look like an Apple device" strategy.
Now we can all start rumors about if and when "App Store" will become a trademark. Personally, I think Apple should get the trademark given precedents out there, but if they don't, I really don't care. After a decision is rendered in this case it will be old news in 48 hours and nobody will care.
What strikes me is how clear it is that Apple is leading the way and trying to fend off so many folks who are trying to mimic and dilute their brand or copy their every move. Everybody wants to ride the wave that is Apple's success.
Personally, I applaud Microsoft a bit here. Sure they have copied Mac OS X elements in Windows for years, but Windows Phone has its own unique user interface and Kinect is an extremely innovative accomplishment. Would be nice if more companies were innovating and making cool stuff for us to buy, rather than just trying to copy Apple. I'm so tired of Google's "let's make it close enough to iOS and claim it runs Flash and is 'open'" strategy and Samsung's "let's just make it look like an Apple device" strategy.
106 months ago
...
It was.
I believe they have filed for a trademark, but the USPTO has not issued it.
Microsoft, and now Amazon, are opposing the issuing of the trademark. If it is issued to Apple, Apple will most likely prevail against Amazon. If they are not issued the trademark, everyone will have an "App Store".
106 months ago
App is a generic.
Store is a generic.
Appstore is a generic.
Simple.
Example: Grocery Store, Book Store, Appliance Store.
Store is a generic.
Appstore is a generic.
Simple.
Example: Grocery Store, Book Store, Appliance Store.
106 months ago
You make it sound as though this is such an obvious distinction that Apple could never get a trademark for "app store". But apparently this argument is not so strong in trademark law as Apple actually has the trademark already. If that were not the case how could they sue another entity for trademark infringement?
It's still in the opposition phase. No registration has been granted.
Learn how to read TESS and understand the coding.
Apple is filing a preemptive lawsuit against Amazon.
This is perfectly normal for anyone who is going through the trademark process.
The lawsuit's merits will be determined by the outcome of the opposition phase from the USPTO.
Now step away from the keyboard.
106 months ago
"Amazon" is a generic term and should not be used for a store name.
So is "Apple".
Why can't anyone come up with original company names? Like Microsoft. :rolleyes:
106 months ago
Trademarking office. How pompous. What's next, trademarking word and windows? :rolleyes:
[...]
No difference at all, really. The concept of windows in GUI computing was introduced long before Microsoft decided to clone Mac OS. Windows in computing is just as generic a term as windows in your home.
[ Read All Comments ]
For this week's giveaway, we've teamed up with Throwboy to offer MacRumors readers a chance to win a pillow from the Iconic Pillow Collection, which features plush, pillow versions of classic...
Just days ahead of WWDC 2019, freelance graphic designer Álvaro Pabesio has shared a new iOS 13 concept that envisions many features and changes rumored for the software update, including a...
Google has incorporated food ordering features into its mobile apps, allowing iOS and Android users to order food directly from a range of companies without having to install an additional app or...
Following the release of iOS 12.3 on May 13, Apple has stopped signing iOS 12.2, the previous version of iOS that was available to consumers.
iPhone, iPad, and iPod touch owners who have...
Apple's latest Apple Pay promotion includes $1 tacos from Taco Bell when using Apple Pay to pay for an order in the Taco Bell app in the United States.
The new offer, which was...
Spansive, a company developing new wireless charging technology, today announced the launch of the Spansive Source, a multi-phone wireless charging accessory that's designed for families.
...
Back in March, Apple launched the new 10.5-inch iPad Air with Touch ID, a headphone jack, A12 Bionic processor, support for the Apple Pencil, and compatibility with the Smart Keyboard. Today, B&H...
A security researcher found a flaw in Instagram's website that caused thousands of users' email addresses and phone numbers to be exposed online for several weeks, it was revealed on...
