Amazon says that "app store" is a generic term in response to Apple's law suit

Amazon says that
We recently reported how Apple is taking on-line retailer Amazon to court for using the phrase "Appstore" to describe the latter's Android application marketplace. Apple, of course, offers it's users the App Store-a name the company has a trademark for. The Cupertino based firm is seeking a ruling from the court that would force Amazon to stop using the "Appstore" title. Amazon replied that the lawsuit is baseless and that "Appstore" is a generic term.

Amazon quoted Apple CEO Steve Jobs from Apple's recent earnings call. In the midst of criticizing Android, Jobs said, "So there will be at least four app stores on Android, which customers must search among to find the app they want and developers will need to work with to distribute their apps and get paid." Amazon's argument is, if the CEO of Apple is using the term to describe Android flavored app stores, how could the company claim trademark infringement by Amazon?

The on-line retailer has filed a counter suit, asking the court to dismiss Apple's suit, have the latter reimburse Amazon for attorney's costs, and most important of all, rule that the use of the term "Appstore" does not infringe on Apple's trademark.

If you're into all things legal, check out the filing by clicking on this link.

source: GeekWire via BGR



1. de unregistered

Apple are looking more pathetic as the days go by,all the recent spying and Steve Jobs comments make fanboys look even more delusional

5. iwebdroidberry7

Posts: 230; Member since: Jan 17, 2011

You are living in a reality distortion field if you think Google isn't spying on you too. They are ad company for Christs sake! Why do you think specific ads pop that relate to the text of your email? Because Google reads the email and finds ads.

2. deezy

Posts: 46; Member since: Feb 10, 2011

What's next? Apple Store? any word that starts with i?

12. Lucas777

Posts: 2137; Member since: Jan 06, 2011

actually this is a valid trademark... before the app store no one said apps they said applications or games... also all the stores were called vcast or something... app store was a specified thing at the time and still is. if someone says app store you immediately know ios. you dont think of anything else at all...

22. AppleFUD unregistered

@Lucas I don't know about that. "portable apps" has been around longer than the iPhone. . . so, I think the term "apps" was used by others before apple and we all know "store" has been used for a while ;)

20. Kjayhawk

Posts: 294; Member since: Oct 07, 2010


3. joe unregistered

you do realize that your iPhone isn't sending any data to apple, but its just storing it on the device (which has been tested through studies after the accusation). secondly, i read once which is a very valid arguement, before apple came up with the term "app store" who else was using it? no one. therefore it isn't a generic term. it's not like supermarket which has been around for decades and apple does hold a patent on the term 'app store'

7. LionStone

Posts: 1048; Member since: Dec 10, 2010

You do realize that it doesn't matter that its not being sent back to Apple! People still don't want that info being logged on their devices! Especially without their knowledge or desire. Wrong is wrong.

8. downphoenix

Posts: 3165; Member since: Jun 19, 2010

Macintosh apples have been around LONG before Apple named their computer the Macintosh. If Apple wins this case, then America's apple farmers should sue Apple for using their trademark of Macintosh apples.

13. Lucas777

Posts: 2137; Member since: Jan 06, 2011

are u sure they have a trademark on that? I highly doubt it... apple probably has it anyways

11. CDT unregistered

Even if Apple has the trademark registered, it can be lost to generic name. To those not familiar, Aspirin was once a trademark by Bayer that was lost because no one called acetylsalicylic acid by its name. Instead, it becomes a genericized trademark that is associated by the general service or product that it provides rather than a source of affiliation to its brand (in this case, Apple). In my opinion, App store is an appropriate name for the "app stores" and even Steve Jobs himself used it to refer to the competitor's stores. However, if anyone have a better term, I'm all ears :).

19. Dr.Phil

Posts: 2510; Member since: Feb 14, 2011

So then why is Apple the only company that is not only being questioned by the US government but also by South Korea's government? Google at least was straight up and said it was true.

4. LionStone

Posts: 1048; Member since: Dec 10, 2010

Oh that's good, referred to a quote by the man himself! He'll be kicking himself for saying that if he has to pay the countersuit...which is just chump change anyway to him right?

6. Tottenham

Posts: 86; Member since: Jan 05, 2011

It's so ironic that Apple built it's whole business persona as being the "champion of the common man", creating the resistance against greedy, impersonal corporations. Apple has become everything it purportedly loathed.

21. PhoneLuver

Posts: 481; Member since: Jul 05, 2010

Yeah! They totally sold out!!

23. AppleFUD unregistered

That was just marketing. They've always been what they currently are. Nothing has really changed at apple since the introduction of the Mac which basically was Jobs pushing Wozniak out. Wozniak was the engineer building the cool computers in the early days that hackers loved. . . Jobs wanted a locked down "consumer" product and got it with the Mac and has continued that philosophy ever since. Freedom, think different, etc. . . are all marketing BS via apple. They've never personified any of those things.

9. TheHumanCentipad unregistered

I'm surprised they haven't sewed nickelodeon for that show iCarly... They have actual rip off products in the show... they aren't real but its much worse than an appstore trademark. They replace apple with pears... PearPod(iPod), PearPhone (iPhone), and I think I've even seen a mac book with a pear replacing the apple. btw if your wondering why I know this its because I have a daughter who enjoys the show.

14. Lucas777

Posts: 2137; Member since: Jan 06, 2011

its all of nickelodeon... or whatever its called

10. SureADisplayName unregistered

Maybe apple just had a deal with iCarly? They would have probably done something otherwise, those sick bastards. I love Mac OS X but apple is starting to push me away, hell Androids are more like Mac OS X then iOS is.

18. joey18

Posts: 691; Member since: Jul 20, 2010

stop coping markets firts apple start with his own market then android market and now amazon appstore my phone droid x but all phone makers start looking what iphone 5 comes to try copy they version

24. AppleFUD unregistered

wtf? that made NO sense whatsoever!

25. DeviantDroid

Posts: 51; Member since: Apr 28, 2011

OMFG It is just a name... Soon enoug we will have to start paying royalties to Apple ever time we use the letter "i".... Opps I owe Steve Jobs a couple cents... I have used Apple products and I like Apple Products... But to just not put up with the Apple drama makes Android 50Million times more worth it... Let alone the fact that it has a better UI and far better specs on most phones produced with the Android OS... Time for an update Apple and Maybe one or two new smartphone products and designs to get my money back... Until then I will continue to use my Android with its multiple appstores and superior hardware and software...

26. gamblnano unregistered

I have a new phone app called MultiSnooze. Check it out at It allows you to take all of your snoozes right up front when you first get up rather then being interrupted every time your snooze goes off. Please spread the word. Thanks

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