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Apple: Amazon's Appstore Isn't an 'App Store'

Friday May 20, 2011 12:21 pm PDT by Eric Slivka

The dispute between Apple and Amazon over the term "App Store" continues, with Apple filing a new document with the court claiming that Amazon's "Appstore for Android" can't possibly be an app store because the term is a non-generic one referring only to Apple's App Store. Apple's official response comes via Bloomberg:
"Apple denies that, based on their common meaning, the words 'app store' together denote a store for apps," the company said in a filing yesterday in federal court in Oakland, California.

The term isn't commonly used by businesses to describe download services and, because the mark "app store" isn't generic, Amazon's Appstore for Android service isn't an "app store," Apple said in the filing.
Apple sued Amazon in late March over the "App Store" term after Amazon rolled out its marketplace for Android applications. Amazon fired back late last month, arguing that the term is generic and filing a counterclaim against Apple seeking dismissal of the original suit, reimbursement of costs, and a declaratory judgment giving Amazon free rein to use the term.

Apple is fighting a similar battle simply in trying to have the "App Store" trademark officially recognized. Microsoft in particular has been working hard to convince trademark examiners that the term is generic and not specific to Apple's implementation, using as one of its most important pieces of evidence quotes from Apple CEO Steve Jobs using the term generically to refer to non-Apple application stores.

[ 258 comments ]


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staveb
100 months ago
Apple is wrong and stupid

For every reason I loved Apple when they were the scrappy little dog, they are behaving very poorly here, and I hope Amazon crushes them in their counter-suit.

Rather than try to copyright generic terms, innovate Apple! You're better than this!
Rating: 16 Votes
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emvath
100 months ago
Apple,

I love you buddy, but you are coming off looking stupid on this one. Give it up please and get back to working on my wireless sync.
Rating: 15 Votes
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sined13
100 months ago

They're only CALLED apps because Apple started calling them apps when they started their app store.


The word "app" (referring to computer applications) has existed since (edit: around) 1979.

Google has also existed for some time...try using it before posting.
Rating: 14 Votes
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rjohnstone
100 months ago
Funny... I download "Apps" from the Amazon's Appstore all the time.
Rating: 12 Votes
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ZMacintosh
100 months ago

Sounds like Apple is going to lose another one.


Even if they dont lose this one, they've "lost it".
Rating: 11 Votes
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Geckotek
100 months ago

They're only CALLED apps because Apple started calling them apps when they started their app store.

Before that they were called APPLICATIONS (or even, dare I say it? PROGRAMS).

Now, if you'll excuse me, I have to clean my xerox with a kleenex so I can ebay a copy of my jeep. When I'm done I'll hoover the floor.


FAIL

Ref: Handmark App Store
Ref: Java App
Ref: Windows App (in Explorer)
Rating: 11 Votes
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Born Again
100 months ago
I'm not with apple on this

Customers are intelligent enough to differentiate one store from the other.

Are you doubting your customers apple?
Rating: 10 Votes
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samcraig
100 months ago
I'm not sure Amazon cares if Apple recognizes their store as an App store or not LOL
Rating: 10 Votes
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something3153
100 months ago

I'm tired of every no-account, ethics free, innovation-incapable company just ripping off apple's work and getting away with it.

Apple didn't coin the term "store", but they did coin the term "app".

App is a legitimate trademark.

Amazon needs to lose here.


"app" has never been a generic term. It was never used until apple coined it. And they aren't "copyrighting" it, which you can't do, they are trademarking it, and using this form of IP correctly.

It is really sad to see so many people so ready to believe that Apple is some big bad company without ethics.

Apple plays by the rules. Amazon, however, for instance, is a reprehensible company that abuses and defrauds its employees, has no regard for its customers, and bullies everyone in the business. Of course people outside the business have a completely different perception because they've never had to deal with amazon.


"App" is not even a word that exists in the dictionary.

Do you guys even think about what you're saying?


I have to jump in here, as this is not the first thread I've read while lurking here where people have posted this. Look, I don't know if you guys never poked your heads out of the Apple world or are just too young to remember, but people were talking about "killer apps", using "app" as a short form of "application" over a decade ago, long before iPhones were being seriously planned, let alone allowed to download applications.

For example, here's a book with "app" in the title from 1998:
http://www.amazon.com/Unleashing-Killer-App-Strategies-Dominance/dp/1578512611

And oh look, an Xbox game from 2004 with "app" in the title:
http://xbox.ign.com/articles/562/562809p1.html

And to round it off, here's a post from this very forum of someone using "app" to refer to an application on an Xbox in 2004, three years before the iPhone was released:
https://forums.macrumors.com/showthread.php?t=73571

Now can we finally bury this nonsense about the word "app" being invented by Apple? :rolleyes:
Rating: 10 Votes
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mrochester
100 months ago
Apple's response to this claim seems to just be 'you can't call it an app store because we said so' without any substantive evidence.
Rating: 9 Votes

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