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Apple is likely to lose the Amazon App Store case
CHINESE MADE TOY FLOGGER Apple could find that its challenges against the use of the term 'App Store' will come to nothing, if a recent judgement is a sign of things to come.
Although Apple is arguing that the use of the term by anyone other than it is confusing to its customers, which at its worst is patronising, US District Court Judge Phyllis Hamilton disagrees and said yesterday that the cappuccino company had been unable to provide any evidence of "actual confusion".
Hamilton was responding to calls from Apple to prevent Amazon from using the words 'app' and 'store' to describe its online retail operation for sales of software applications. If that sounds unfair to you, you'd probably get along with the judge.
"I'm troubled by the showing that you've [Apple] made so far, but that's where you're likely not to prevail at this early juncture," she is quoted as having said at a court hearing yesterday, in a report at Bloomberg.
So far so bad then for the case that Apple launched in March with a very leaky argument. The term "App Store" is about as generic as they come, unless you count toy store, pet store or cake store, so we prefer Amazon's response, which at least gives users a little credit.
"Customers who have shopped for and purchased expensive mobile devices are, at the very minimum, sophisticated enough to know, if they choose to buy apps at all, that the apps they acquire must be compatible with the device they own," it said in its response to the March complaint. µ
Tags: Apple
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Amazon is at fault here. "App Store" connotes both Apple and "applications." "App Store" is Apple's intellectual property. Amazon are Web 1.0 and do no comprehend Apps, or the values and ethics of intellectual property rights and other copyright issues. javari.com registered in 1998 with our paperbacks distributed by Amazon.com from 2001 was the object of a coercive stealth acquisition attempt by Amazon from 2006 onwards. We declined to sell them our name. Nevertheless after purchasing Zappos, they launched javari.co.uk, javari.fr, javari.de, javari.jp (only registered from 2007 onwards). Amazon needs tio learn to respect other companies intellectual property and common law copyright worldwide. Amazon need to start to play nicely in the digital sandbox.
DNK
Cybereditor
javari.com
New York NY
I WENT TO TGI FRIDAYS AND THE GIRL SAYS, WHAT KIND OF APPS YOU WANT! I'M LIKE, UH? SHE SAYS WE GOT POTATO SKINS, JALAPENO CHEESE BALLS, AND STUFF LIKE THAT.
SO THE "BITS" IN MY "APPS" ARE CRUMBLED BACON ON POTATO SKINS, WITH CHEESE & ONION. I DON'T KNOW WHAT THE H Y'ALL ARE TALKIN ABOUT, SOUNDS LIKE NONE OF YOUS KNOW WHAT AN "APP" IS. SHOULD STEP OUT OF THE HOUSE A LITTLE MORE OFTEN??
You people are funny. You only know of one App store? Well, aside from Apple's and Amazon's, Steve Jobs himself referred to other companies' app stores as... wait for it... "app stores".
And the term app has been in use for decades. Apple did NOT coin it, nor did they first use it with regards to mobile applications. They have no right to the term App or the name App store.
And nobody's confused. Like Amazon said, most people aren't idiot enough to buy Android apps for their iPhone
I clicked on comment link to comment on the article, but where is the article? That gibberish in front of the link cannot possibly be it!
You clearly are extremely biased against Apple Inc just from the way you take cheap pot shots at their name. How can anyone expect to take your opinion journalistically seriously.
Regarding the case, Apple popularized the term "app" and "app store." And I believe they have a trademark on "app store." So I side with Apple.
What if someone opened up a store called "Bestbuy" (not Best Buy)? By your argument getting the "best" buy is a commonplace term. Amazon as usual is riding the coattails of Apple's success.
Amazon can call it "App St0re" to make it even more unique. Not sure what Apple is trying to do here but a lawsuit like this is just dumb. Words are being invented everyday, unless Apple has a trademark for the word "App" itself, it can't make "App Store" a trademark becoz the word "store" is generic. Today the word "App" is used everywhere, so perhaps Apple should consider suing the whole world... well not exactly, maybe just those that don't use apple products.
"cappuccino company"?
"Carphone Warehouse" is the name of a company, so not the best example
Maybe "app" is a generic term, although I don't remember it being widely used before the iPhone came out. But even if "app" is generic, I don't think "app store" is generic. I know of dozens of "pet stores" and "toy stores", but only one "app store".
I tend to side with Apple in this matter. Amazon has been selling software application ("apps") for years using its own name. Why does it need to apply a new name to its existing business?
"Carphone Warehouse" is a name made up of two generic terms. I don't think Amazon would get away with starting a carphone warehouse.
exactly what they are doing, they know that teh App Store on apple has a good rep and is hoping to have some of that rub off on them.
They could have called there site anything else they wanted to , but easy to have apple prep the market first and get in before they can trade mark it.
Fair play, good business sense, but they know that if they dont stop apple from doing this, then they will have to spend serious marketing dollars getting their version out there in the public consiousness.
As for the Chinese made toy, well seeing as that the same for everyone else it seems, bit petty? ah well if you have no girlfriend suppose its ok :P