Amazon decides not to accept app submissions in Germany
In the States, Amazon has done better in convincing the courts that the Amazon "appstore" name will not confuse Americans looking for the Apple App Store. As we reported, back in June a federal court in Oakland, California denied a request from Apple for a preliminary injunction against Amazon's use of the "appstore" name for its online repository of applications for Android phones. The court ruled that Apple had not shown a "likelihood of success" in the legal battle with Amazon.
U.S. District Judge Phyllis J. Hamilton wrote in her ruling that the court did not agree with Amazon that the "appstore" term is generic. At the same time, the court said that Apple's claim that the term "App Store" suggests its own online applications store is not the case, "as there appears to be no need for a leap of imagination to understand what the term means," wrote the Judge. The Judge also noted that Apple's basis for its legal action is the fear that Amazon would let inappropriate content, malware and viruses to enter its appstore and therefore harm the reputation of Apple's App Store. But the Judge says that this is not a valid concern for Apple since the Amazon appstore does not offer apps for any Apple device.
The U.S. portion of Apple v. Amazon, Inc. starts this coming October and before the fun and festivities start, you can expect Apple to challenge Amazon's use of the "appstore" name in other countries. After all, Amazon has seemed to cater a bit in Germany giving Apple brass the idea that if they rattle the cages a bit, Amazon will retreat for the moment although it does say that Apple's case is without merit.
1. Immolate (Posts: 249; Member since: 17 Jun 2011)
This is one of those cases where Apple is just trying to flex the muscle that massive amounts of cash has given it. Amazon's App Store doesn't compete with Apple--it competes with the Marketplace. Apple has nothing to gain from this except for the chilling effect of making everyone afraid to say boo lest they bring down a frivolous lawsuit from Apple and see their company wrecked by the expenses.
If you want to see a man's true character, give him all of the power and money he can use and watch what he does with it. We've seen what Apple does with it, and it has exceeded the sins of its old nemesis, Microsoft.
2. biophone (Posts: 1884; Member since: 15 Jun 2011)
Amazon should just change the name. Apple already uses it what the big deal about changing it.
3. Heatfan316 (unregistered)
No they shouldn't why should Amazon have to bow down to apple, apple will never win this one that's a stupid troll comment you made I already fell into your trap by comment on this so shut up.
6. biophone (Posts: 1884; Member since: 15 Jun 2011)
Amazon calling it the app store is like honda calling the accord the camry. Whats wrong with comming up with an orginal name. There is no need to be name calling and the fact is yoir only doing it because you know your wrong. If someone was talking about the amazon app store i would think they were talking about apple's. If they said something bad about it there may be a misubderstanding. Its not like someone would say amazon app store for android. They would say app store. Its no big deal to change the name and its not bowing down its a courtsey. Be a gentleman amazon.
9. Lucas777 (Posts: 2121; Member since: 06 Jan 2011)
i agree and i think it wud be better marketing for amazon to have a different name than app store.. it will get confused with apples and it doesn't let them advertise and make it their own,..
13. biophone (Posts: 1884; Member since: 15 Jun 2011)
Its better for amazon and apple. I agree with that.
28. remixfa (Posts: 13902; Member since: 19 Dec 2008)
while i can mostly agree with that, the term app store is a very generic term.. "a store where you get apps". Adding the "Apple" or "amazon" at the front of it is what makes it specific.
Sorry but I think the only people that could somehow even get confused are those iphone customers that think the iphone4 is 4g or people that ran out and rented the Transmorphers thinking the Transformers were already on DVD. A millisecond of shallow thinking lets you know they are no where near the same.
The app stores run for completely different systems and have nothing in common other than a similar name. They are not compatable with each other.
38. Lucas777 (Posts: 2121; Member since: 06 Jan 2011)
Ya but the average person with their new smartphone might not know that. They see an apple commercial with all the great apps and then they go and look in the knockoff app store and don't find them. Then they get mad at both apple and whoevers store is named app store.
4. unregistered user (unregistered)
Because app store is a generic term. It would be like a car manufacturer naming a brand name CAR and trademarking it. Then from that point forward, since its a trademarked name, any manufacturer that refers to there vehicles as cars, getting sued for it.
7. biophone (Posts: 1884; Member since: 15 Jun 2011)
Androids market is a different name then the app store. A car is a word the app store is a name. Look up app store in a dictionary you get 0 results. Apple isnt mad about abdroids being called phones. Its defined in a dictionary and androids are that.
35. Quang Le (unregistered)
0 result you say? What a tool.
Besides, having the same name doesn't mean you can't use it. Amazon App Store sell app that doesn't relate to Apple. Apple Appstore doesn't sell its apps to anything else but iOS devices, so they don't compete with each other.
5. toto (unregistered)
apple's just getting toooooo big headed... they were nothing before the iphone now they think they're king of the world... be humble my friend, be humble...
8. kellybl131 (Posts: 42; Member since: 19 Jan 2009)
"Crap, Android has taken our market share and become the #1 OS in the world, what do we do? Do we come out with a revolutionary product . . . wait, we can just steal features from Android (notification bar, multi-task, etc). Do we instead offer excellent customer care? . . . can't do that, because then we couldn't charge people $30 dollars to ask a question if they didn't purchase Apple Care (great job thinking up that rip-off -- $70 a year, and it won't even fix their phones! haha!). I know! We'll just sue anyone and everyone and hope we can kill them off that way!" -- Steve Jobs
10. JDTheMatrix (Posts: 7; Member since: 03 May 2010)
Really, Amazon should stop calling it the App Store? Its a virtual "store" you go to to buy apps; is it not? This would be like a large grocery store like Kroger adding Grocery Store to their title and calling it Kroger's Grocery Store and then a different company came to the market place and wanted to be sure that others knew what their store front represented... i.e. Publix Grocery Store. Should Kroger be upset that Publix took their name and sue...no that is idiotic. Its the APPLE app store and the Amazon App store on 2 separate platforms...if Palm/HP came out and called theirs the HP App Store who gives a crap? If you are seriously confused by the fact that they are both called App Store you should seriously go hang yourself because your the drudge of society that is clogging up the system.
This is apple being stupid and doing exactly what others have said, trying to flex muscle and make an example of Amazon. I praise Amazon and say thank you for standing up to a closed minded corporation who is quickly becoming worse than Microsoft.
11. remyrz (Posts: 183; Member since: 28 Oct 2010)
omg... >.> for me this is stupid... those are generic names... and for me are diferent... if i want to look to an appstore I would put.. apple appstore or amazon appstore.. cause is generic, and I think I know where to look for >.>... what's appstore? is an app store.. >.> geezz
12. remyrz (Posts: 183; Member since: 28 Oct 2010)
same with market place... is generic.. what's a market place? >.> that's no a name.. it's something in general.. here in my town the market place is where i go and buy vegetables, potatoes, bananas.. etc etc... apple why the f**k there's always has to be a problem.. can't we be in peace for some loooooong time or.. forever... >.> gossh
15. Immolate (Posts: 249; Member since: 17 Jun 2011)
Trying to copyright "App Store" is like trying to copyright "Gas Station". If they called it "Apple Store" then that would be unique and not simply a basic descriptor of what it is. If you call your bathroom, "The Bathroom", can you then logically sue your neighbor because he calls his bathroom "The Bathroom"?
16. pete7625 (banned) (Posts: 86; Member since: 01 Jul 2010)
I'm a HUGE Apple fan, but I think it's ridiculous apple wants the name changed. Its way too generalized. It's a store . . . Where you sell apps. What else you want to call it? Lol. Though I do love apple, I'm not blind when I see them doing something wrong.
18. biophone (Posts: 1884; Member since: 15 Jun 2011)
Android's market isnt called an app store. If they can figure out an alternative name why cant amazon.
19. pete7625 (banned) (Posts: 86; Member since: 01 Jul 2010)
I see what you're saying biophone. Just read one of your comments above. Though app store is very generalized, it IS still a name. your comment about car being in the dictionary but app store NOT kinda made me see things a little differently. Though Apple's name is pretty generic (and not very creative, lol) that's still what they decided to call it. I guess if I decided to name my club "The Club", I wouldn't want someone else down the street with the same name. lol. Maybe someone can correct me if what I am saying is not making sense?
21. Owlet (Posts: 445; Member since: 21 Feb 2011)
But it's called Amazon appstore. And the other one is Apple appstore. You can't protest if someone calls his club "Bob's Club", even though you might not like it.
29. pete7625 (banned) (Posts: 86; Member since: 01 Jul 2010)
According to the article, it's just called "appstore." if someone said to me "hey, did you see that cool app in the AppStore", I'd definitely think they were talking about apples. It's probably be beneficial to both companies if they change it.
26. biophone (Posts: 1884; Member since: 15 Jun 2011)
If you called your club the club it is a club yes but that doesn't mean others can call it that. Even if its called bobs club and amazon calls it amazon's app store people are going to say app store and that can cause confusion. Its like bobs club just being called the club that will cause confusion. I was just saying here your point was there is nothing else it could possible be called but an app store but that isnt true as android has established the name market. Why doesnt amazon pick a orginal name that they can market an advertise without causing confusion.
37. Quang Le (unregistered)
it doesn't cause any confusion, you buy an Android device, you can access to Android market or Amazon App Store.
If you have an iOS device, you can go to their app store, how does that cause any confusion? That's why people have trademark, you create a original name from the beginning so people can't use it. Apple chose not to, because simply, it doesn't really matter, people still remember the iPhone (and iPhone is an original name), and if they want to install new app, they have an icon that said app store. You can't prohibit anyone from using a generic term. That is why Google defends the use of the word Google as to mean online search, because they are afraid if it becomes generic over time, they will lose the trademark.
Luckily, nobody is stupid enough to name their club "The Club."
So I have a Gas Station and I can't call it Gas Station because Apple has Apple Gas Station?
Gas Station or App store is just frankly easier to remember.
Apple can name their app store iStore from the beginning (like iTunes) but they didn't, so it's their problem, not others.
36. Quang Le (unregistered)
why do I have to change something because you are being a d**k? What's gonna stop you from using whatever generic name you come up with and being a d**k again?
And in fact, even with Android market, people still call it Android app store, thank you. It's easier to remember.
17. pete7625 (banned) (Posts: 86; Member since: 01 Jul 2010)
And a lot of the comments above make some really good points/analogies, lol. I'm impressed!
27. xenover (Posts: 171; Member since: 27 May 2011)
What about the Amazon App Center ?
I think it would sound even better than the current name!
33. biophone (Posts: 1884; Member since: 15 Jun 2011)
That is a fine name. This is exactly what i am talking about.
32. Why_buy_the_iPhone (unregistered)
Why do people continue to buy the the iPhone, iPad and every other piece of iCrap out there? Come on, let's realize for once that you pay a fortune for the exact same device year after year, and with each iteration either functionality or technology available 5-10 years ago is added to the phone? Yet, people keep returning in droves to buy the next Apple device. I'm sure the iPhone 5 will sell like hotcakes. Why? I can guarantee you it will be exactly the same as the iPhone 4, including in the fact that both will entirely lack everything that you want from the phone that its technologically capable of doing, both from hardware and software standpoints, yet cannot do. Its trendy, I get it. So are many other retarded things I don't do. Maybe the iPhone 5 will come in a new color! That will be a technological innovation to get me to switch. Ok, if it comes out in blue, and maybe has a real ringer this time and not some annoying robot, I'll switch camps and love the iPhone too. In writing this, I have actually convinced myself why Apple and iPhone are awesome...
34. pete7625 (banned) (Posts: 86; Member since: 01 Jul 2010)
Because of the apple stickers of course. Troll.