Apple denies Amazon's claims that “app store” term is generic

Apple denies Amazon's claims that “app store” term is generic
In a yet another twist to the lawsuit which has turned to be as close to a linguistic dispute as it gets, Apple denies Amazon’s claims that “app store” is a generic term. The exact statement? “Apple denies that, based on their common meaning, the words ‘app store’ together denote a store for apps,” the company commented in a filing for the federal court in Oakland, California. Thus, in Cupertino’s view, Amazon is infringing on the trademark for the term it coined.

Amazon uses the terms as one word, namely “appstore,” but Apple is reasoning that it’s not commonly accepted by business to denote a store for apps and that’s the exact reason for the lawsuit. The online retailer chose to use that exact term when rolling out its market for applications back in March. Cupertino replied with a lawsuit instantly and is now looking for a court order which would prevent Amazon from using the “appstore” for its application market.

The term “app store” has been trademarked by Apple, but other companies such as Microsoft have also stepped up against such a trademark referring to the generic nature of the whole term. What’s your stance on the matter? Feel free to share your opinion in the comments below.

source: Bloomberg

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47 Comments

1. clevername

Posts: 1436; Member since: Jul 11, 2008

If its trademarked then its apples case. Generic would be more like "application store". And "app store" isn't commonly used anyway. For android its the "Android market", wp7 its the "marketplace", BlackBerry had the "app world". These are all named differently to differentiate from Apple offering on purpose. the closest example would be nokias "ovi app store". Even carrier application stores are different like att's "appcenter". There's also the "t-zone" that serves the same purpose, as well as the "Samsung zone" and I'm sure plenty of others. I can't say amazon is trying to cash in on the recognition since the people that will recognize it the most are Apple users and they can't use amazon's app store anyway since its Android only, but they are definitely infringing upon a trademark by making a competing store on a competing platform with the same name.

7. JeffdaBeat unregistered

Other app stores are called different names because of the trademark Apple has on "The App Store." Microsoft and Amazon are just the first folks to fight Apple on the clam. Trust, if other companies could, they'd drop the names of their current store fronts and adopt App Store because most folks associate apps with "The App Store." There is only one problem with the case for Microsoft and Amazon...the term "App Store" wasn't common and rarely used before Apple launched "The App Store." This wasn't a case of Nintendo trademarking "It's On Like Donkey Kong" years after people had been saying as a phrase. Apple came up with a concept for a software store front, named it, and because it was the first people refer to any storefront like it as an "App Store." And although it's in general use by consumers, trademark law says if you file a trademark it is your duty to defend your trademark at all costs or the term will fall into generic use in which case, your trademark is no longer valid. Even though consumers use the term generically, Apple has not allowed any other company to refer to their store front as "The App Store." Only if they let Android and WP7 slip and use it would they not have a case...

12. sinfulta

Posts: 279; Member since: Dec 11, 2008

Yes, this goes back years and years. Just like when people Used to buy Coke-Cola or Pepsi-Cola. Pepsi after years of coke hearing it as a Generic term being used, didn't really fight it differently till the late 80's early 90's and rebranded to just Pepsi. Even in there commercials they told you how to order your Cola of choice by asking for : "A Pepsi". So even if they loose, it could be one of those scenarios where they just might end up changing the name anyways. Coke stuck in people's head so bad it worked to they're advantage and not because Pepsi was an inferior product... but because the marketing terms that was used. Similar case here. In the end it doesn't really matter. Android vs Apple, Pepsi vs Coke, your still going to choose what floats your boat.

2. g unregistered

Can't agree more with you, clevername, and it's this total lack of creativity that's really disturbing - couldn't they just come up with Amazon App Center, or whatever? It seems that innovation is being denied at its core even for things as basic as a name, let alone a product.

3. Junior

Posts: 52; Member since: Jun 09, 2010

Regardless of what OS I'm using, or anyone for that matter, we all tend to call them "apps" which, of course, is short for applications. Apple may have popularized the term but they certainly didn't coin it. Amazon and Microsoft have a valid argument in saying that it's generic but I'm interested in seeing what the courts say.

5. g unregistered

But it's the "App Store" term that they have coined, kind of.

15. Junior

Posts: 52; Member since: Jun 09, 2010

Right. But what I meant to say is that it's generic in the way that any of the stores can be called app stores because that's what they sell....apps.

30. 530gemini

Posts: 2198; Member since: Sep 09, 2010

Ummmm, they used to be called PROGRAMS. It's Apple that started calling it "Apps". So yes, you are calling it "apps" now because Apple started it.

41. box unregistered

gemini, again you exhibit your bias and ignorance: apple is NOT the first company to call a program an Application nor an App; that was done years before apple started developing thier poor excuse of a phone with stolen technology and cheap slave-like chinese labor

42. Lucas777

Posts: 2137; Member since: Jan 06, 2011

no, they wernt the FIRST but they were the first to make everyone start calling it that...

48. SomeGuy unregistered

Right, Lucas. And "box".... Cheap slave-like Chinese labor? You gotta be joking me. You've just named 95% of big business in the US.

49. Lucas777

Posts: 2137; Member since: Jan 06, 2011

what? i dont even know what u r trying to say...

4. andro unregistered

Apple being typically childish here again, especially knowing its own app store is being eroded by android ones and amazon market now entering the scene. How can app store be anything other than a generic term,next apple will claim 'sim card' or 'syncing' or 'music download' or 'smartphone' are terms owned by them and not a generic terms,much like the ridiculous claims from them previous that all cds or otherwise with an apple on it is violating their trade mark,grocery shops beware!!!!

28. lollipop

Posts: 43; Member since: Feb 15, 2011

You are an idiot. So what you are telling me is a i can name my product after a generic word like WINDOWS or i can trademark the name PIZZA HUT but i can't trademark the name "App Store"? Anyone in the computer world knows that for the longest time the term APPLICATIONS was used to denote software running on a Mac. Windows, MS-DOS, and what not termed software running on their devices as Programs. When Linux came out they termed software running on there CPUs as Packages. Infact the anti apple crowd used to CRONE on and ON about how childish Apple was for using the term "Apps" to identify the programs running on Macs. So if you want to argue generic then why was ther term Apps used EXCLUSIVELY to Apple products until after the intoduction of the iPhone? Also not to kick you in the crotch but there was a Grocery chain who owned and operated under the name "The Grocery Store."

6. who cares unregistered

It is a generic term. Even though they would of called it the application store, people would of still called it the app store cuz it means the same thing in general.

8. Slammer

Posts: 1515; Member since: Jun 03, 2010

I always feel Apple is trying to quell any kind of competition with childish tactics including trying to use the patent office as a joke. However, I don't see where Apple having "App Store" as their proprietary name should be an issue. Amazon is better than this. They should just choose another name and move on. If people like Amazon, they can adapt to what ever name they come up with. This is a chance to be more creative. I don't like the name App Store anyway. John B.

9. superpooburger

Posts: 31; Member since: Feb 17, 2011

well, why does everyone is shouting about this? app store is a generatic expresion used to name a application store. A shop in which you can buy application. For as long as you use name in that meaning, you do not do anything iligal. But when you give an application or anything else a name "app store" then you are violating trademarked. So MS and amazon can not give their own app store name "app store"...

11. Rich unregistered

And they are not named "app store" but they are app stores. I can say im going to the gas station when im going to hess. But the first gas station cannot start complaining that they coined the phrase gas station. if i open an eating establishment and call it 'restaurant' i cant sue if any OTHER peoples places commercial claims "come to the restaurant and recieve a free..." that would be just silly. if thats the case ill go trademark many generic things right now. "laundromat" "pizza parlor" and whenever someone uses that phrase to refer to their place... BOOM... ill get em.

29. lollipop

Posts: 43; Member since: Feb 15, 2011

Umm... i suggest you look up "The Grocery Store" which was a grocery store that owned and operated under the name "The Grocery Store." What is the difference between Pizza Parlor and Pizza Hut? Hell, are you against the trademarked names of, Fresh Market, Whole Foods, Best Buy, Steam, The Cellular Store, and The Mattress Store? All of them are existing businesses...

13. Ben unregistered

******WARNING****** Apple calls its phone the 'iphone' therefore form hence forth any mobile device named with the title 'phone' will be infringing on a name trademark from apple and YOU WILL BE SUED Do not upset Apple they are worried enough on losing ground to android and surpassing app stores,DO NOT AGGREVATE THEM FURTHER!

14. obvious unregistered

A shoe store is where you buy shoes, an APP store is where you buy... apps. I don't think anyone can trademark "Shoe Store", same goes for "App Store."

16. r2212xx

Posts: 41; Member since: Apr 18, 2011

Tomorrow Apple will say 'Apple' is not a generic word. (Botanists will have to think a new name for the fruit). Day after tomorrow it will say that 'half eaten apple' is a copyright of Apple (we will have to finish our apples complete or leave them intact. No eating them half and leaving it in the refrigerator for tomorrow). :P

19. gallitoking

Posts: 4721; Member since: May 17, 2011

Ben,obvious and last but not least r2212xx u guys are .. just plain ..dumb... and completely miss the point... if you trademark whatever that might be.. u cant use it ..period... trademarks are regulated by the US Patent and Trademark office, and is up to thier judgment to either reject or not... not apple or anyone else.. so... dont hate... and show some class on the topcis, and informed first before typing......

26. p0rkguy

Posts: 685; Member since: Nov 23, 2010

Silly fanboy, how is Apple going to deny generic use of the term when Steve Jobs himself used it on their own competition? That alone makes it generic.

31. 530gemini

Posts: 2198; Member since: Sep 09, 2010

Yes, because apps became a common term for programs after it gained popularity on Apple products. But it is TRADEMARKED under Apple as a term they call their programs as.

44. p0rkguy

Posts: 685; Member since: Nov 23, 2010

No you fanboy. You don't get it. Steve Jobs himself used the term to describe the competition. That alone allows the competition to say the same about themselves. What now you fanboys don't want to agree on something Steve Jobs said? Are you sure you want to go against God like that?

32. r2212xx

Posts: 41; Member since: Apr 18, 2011

Well the point is not being plain or dumb or anything else. The point is there are many things out there that are so generic and common that it is insanity to copyright or trademark it. That is what the issue is all about. If today it is the term 'app' then tomorrow it might be the word 'Apple'. Imagine paying a royalty in the US patent office everytime you eat an apple. Wouldn't it be weird ? And yes my friend we need a little less ''class on topics'' and ''info before typing'' than you do...

35. 530gemini

Posts: 2198; Member since: Sep 09, 2010

You're not getting it. Apple the software and computer company is different from the apple fruit that you are eating. Just like the Amazon internet store is different from the Amazon warriors in the Amazon. Just like Microsoft Windows is different from the windows of your house. You stikk don't get it huh?

17. Hi unregistered

hey that's belong to apple people!!!! you all soon cant call "Apple" (the fruit) anymore you need to change it cause' its belong to apple!!!!

18. Hi unregistered

ooops someone mention that already sorri i didnt read all the comments :)

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