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Apple is losing the App Store argument
THE CAPPUCCINO FIRM Apple has lost in its latest attempt to stop Amazon from using the term App Store to describe a store that sells miniature software applications.
According to a court document seen by Reuters, it is unlikely that anyone would get confused by the use of the term and sit at home trying to download apps from an Amazon store to a device that does not automatically link up with the web site and is made by Apple.
US District Judge Phyllis Hamilton said that the term was purely generic, like toy store, and in her decision wrote that Apple had not provided enough evidence to suggest "a likelihood of confusion".
Despite protests from Apple, Amazon has always argued that the term is generic, a point of view that we would be hard pressed to disagree with.
Judge Hamilton has been looking at the case for some time and just two weeks ago was ladling scorn onto Apple's arguments, something that Amazon has also excelled at.
"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 a statement released earlier. µ
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I bought it fair-and-square in the 'Fruit' section of my supermarket, from a shelf that said 'Apples', so I'm pretty sure I've got the right one. But I can't get it to *do* anything! Please Help!!
is it toy store-y?
Last night in [Hancock's Half Hour] on BBC Radio 4 Extra, repeated from the 1950s or 60s, I think I heard Tony Hancock put his big mac on over his indoor clothes, and go out. Apparently it's a plastic macintosh raincoat and he wears it at shoe length to keep his trouser turnups dry, and it was identified specifically as a "big mac" when the topicicame up as Bill Kerr accidentally trod on the part of it that trails on the ground.
Although wasn't the plastic raincoat of Harold Wilson and/or Lord Kagan, or am I thinking of something else?
Why do supporters rally round whenever this brand is risking loss of face?
This is the worst case of marketing over sense, reason, choice, etc.
Bill Gates is not the antichrist, Stevie is not the second coming, iStores are not places of worship...
@DerWahn, Sir you just proved how ignorant and dumb fanboi you are :P
@savvyxeus
I grew up using macs when in Europe no one knew what they where. The very first I laid my hands on was a MacPlus.
I program on Windows, Mac, iOS in a multitude of languages and environments.
Everyone is fit for its task.
Back in the days there where interesting discussions about processor design about the relationship between ms and apple, interested technophiles on both sides. People were arguing about spatial user interfaces vs commandoline versatility.
Nowadays the arguments on both sides bear no merit, no knowledge, no technical finess at all. You just throw dirt on them, they throw it back on you. How old are you all really?
Where did all those educated people go?
apple sues McDonalds for using the name Big Mac in their menu. Wonder why apple devices are so expensive?? probably apple uses part the money to file cases?
Nick Waring u r a true apple fan sir..
Have you had a look in my wallet to tell me that i cant afford an apple product?
its not the question of affordability, it is about ones choice if you want customization and open source and the ability to play FLASH, quick can you open ur sleek ipad and open google street view?? Ppl just buy into Apple because of the media hype not knowing what they really want out of the device, it is more like a fashion statement these days.
@Nick Waring
Ever heard of irony?
'savvyxeus'
How on earth does owning an apple product make you dumb.
The fact that an iPhone is simple to use does not make the user simple.
Don't be so ridiculous Apple are clearly better than Microsoft (in my opinion) and just because you cannot afford an Apple product, don't go hating on their customers.
I guess apply maybe right in this case, cause apple users are so dumb and thick they could get easily get confused with another app store.