Judge Dismisses Apple Trademark Claims Against Amazon's Appstore

Amazon has succeeded in having Apple's false advertising lawsuit over its "App Store" trademark thrown out, reports Bloomberg via The Next Web.

NewImage
In early 2011, Apple sued Amazon over the latter company's new "Appstore" for Android devices, claiming the 'app store' name was trademarked by Apple and would cause confusion amongst consumers.

Apple claimed Amazon's "inferior" app store would tarnish Apple's reputation. Last year, a judge indicated skepticism over Apple's claims, saying Apple had not demonstrated "real evidence of actual confusion" between the various "app stores", and suggested that Apple was "not likely to prevail" in the case.

Microsoft also fought against Apple, arguing that 'app store' is a compound noun that is a generic characterization of the store itself -- a store for apps.

Update: The Verge has the complete court ruling, which actually addresses only the false advertising aspect of Apple's claims. The dispute over the alleged trademark infringement by Amazon remains active.

Top Rated Comments

johnnyjibbs Avatar
148 months ago
In reality, Apple should not have been allowed to trademark such a generic name as "App Store"
Score: 49 Votes (Like | Disagree)
Arcady Avatar
148 months ago
Whether "App Store" should be trademarkable or not is another question, but there's no doubt that the term "App" wasn't used at all before Apple's App Store.

Microsoft didn't even call Windows software "applications", they had always called them "programs".

I find it weird that a diminutive of a generic term is necessarily considered a generic term as well, even if nobody used the term. By the same logic, you couldn't have a trademark on something like "Mus Store" or "Boo Store".
Bill Gates called Internet Explorer a "killer app" during the Microsoft trial in the 90's. The use of the word "app" to refer to software programs has been around since at least the 80's. I can remember announcements and flyers for "new apps" at MacWorld Expo going back to the late 80's. It was probably used before that time.
Score: 25 Votes (Like | Disagree)
macsmurf Avatar
148 months ago
Whether "App Store" should be trademarkable or not is another question, but there's no doubt that the term "App" wasn't used at all before Apple's App Store.

Microsoft didn't even call Windows software "applications", they had always called them "programs".

Not only that. Apple also invented the term "Store". :rolleyes:

I wonder how the internet would look if people did just two seconds of research before posting. Of course these people probably refuse to use Google for religious reasons.
Score: 24 Votes (Like | Disagree)
mjoshi123 Avatar
148 months ago
Kudos to judge for using some commonsense and Amazon for winning this one. Amazon Appstore might not be as fat as Apple's but still this is symoblic victory, Apple should focus less on litigating and more on bringing out products that made Apple a world-class brand.
Score: 24 Votes (Like | Disagree)
samcraig Avatar
148 months ago
Good judgement
Score: 24 Votes (Like | Disagree)
Padraig Avatar
148 months ago
Whether "App Store" should be trademarkable or not is another question, but there's no doubt that the term "App" wasn't used at all before Apple's App Store.

Genuinely hope you're being sarcastic, because if not ..... wow.
Score: 22 Votes (Like | Disagree)

Popular Stories

iOS 18 Siri Integrated Feature

iOS 18 Rumored to Add These 10 New Features to Your iPhone

Wednesday April 24, 2024 2:05 pm PDT by
Apple is set to unveil iOS 18 during its WWDC keynote on June 10, so the software update is a little over six weeks away from being announced. Below, we recap rumored features and changes planned for the iPhone with iOS 18. iOS 18 will reportedly be the "biggest" update in the iPhone's history, with new ChatGPT-inspired generative AI features, a more customizable Home Screen, and much more....
Apple Silicon AI Optimized Feature Siri

Apple Releases Open Source AI Models That Run On-Device

Wednesday April 24, 2024 3:39 pm PDT by
Apple today released several open source large language models (LLMs) that are designed to run on-device rather than through cloud servers. Called OpenELM (Open-source Efficient Language Models), the LLMs are available on the Hugging Face Hub, a community for sharing AI code. As outlined in a white paper [PDF], there are eight total OpenELM models, four of which were pre-trained using the...
maxresdefault

Apple Announces 'Let Loose' Event on May 7 Amid Rumors of New iPads

Tuesday April 23, 2024 7:11 am PDT by
Apple has announced it will be holding a special event on Tuesday, May 7 at 7 a.m. Pacific Time (10 a.m. Eastern Time), with a live stream to be available on Apple.com and on YouTube as usual. The event invitation has a tagline of "Let Loose" and shows an artistic render of an Apple Pencil, suggesting that iPads will be a focus of the event. Subscribe to the MacRumors YouTube channel for more ...
macbook pro purple february

Best Buy Introduces Record Low Prices on Apple's M3 MacBook Pro for Members

Thursday April 25, 2024 7:41 am PDT by
Best Buy is discounting a collection of M3 MacBook Pro computers today, this time focusing on the 14-inch version of the laptop. Every deal in this sale requires you to have a My Best Buy Plus or Total membership, although non-members can still get solid second-best prices on these MacBook Pro models. Note: MacRumors is an affiliate partner with Best Buy. When you click a link and make a...
apple id account

Apple ID Accounts Logging Out Users and Requiring Password Reset

Saturday April 27, 2024 12:41 am PDT by
There are widespread reports of Apple users being locked out of their Apple ID overnight for no apparent reason, requiring a password reset before they can log in again. Users say the sudden inexplicable Apple ID sign-out is occurring across multiple devices. When they attempt to sign in again they are locked out of their account and asked to reset their password in order to regain access. ...
macos sonoma feature purple green

Apple's Regular Mac Base RAM Boosts Ended When Tim Cook Took Over

Friday April 26, 2024 6:34 am PDT by
Apple used to regularly increase the base memory of its Macs up until 2011, the same year Tim Cook was appointed CEO, charts posted on Mastodon by David Schaub show. Earlier this year, Schaub generated two charts: One showing the base memory capacities of Apple's all-in-one Macs from 1984 onwards, and a second depicting Apple's consumer laptop base RAM from 1999 onwards. Both charts were...