Porn store for Android targeted in Apple's 'App Store' trademark defense
Apple's defense of its "App Store" trademark filing has a new target: a storefront for pornography available on the Google Android platform.
The adult service "MiKandi" this month hit with a cease-and-desist letter from Apple over its use of the term "App Store," according to GeekWire. It's the second digital download service targeted by Apple in defense of its trademark application this month, the first being the Amazon Appstore for Android.
At the time the report was filed, MiKandi's official website pitched itself as "the world's first app store for adults." But the company has since changed all references to "app store" to read "app market" instead. The official "MiKandi App Store" name has also been changed to "MiKandi App Market" on the website.
Apple has strict control over the App Store for iPhone, iPad and iPod touch, and the official guidelines clearly state that pornography of any type is not permitted. Even the official Android Market from Google does not allow adult content, along with Amazon's newly launched third-party Appstore for Android, which opened Tuesday.
Apple first applied for the App Store trademark in 2008, though the application has been challenged by Microsoft. Apple believes the term "App Store" is associated by the general public with Apple products, while Microsoft has asked the U.S. Patent and Trademark Office to deny Apple ownership of the name on the grounds that "app store" is too generic.
MiKandi co-founder Jesse Adams told GeekWire that his company doesn't plan to take on Apple's legal department by itself, but it might throw its support behind Microsoft's efforts. But the changes subsequently made to the website, from "app store" to "app market," suggest the company doesn't plan to wait for a decision on Microsoft's appeal.
The adult storefront for Android was noted by Apple Chief Executive Steve Jobs last April, though Jobs did not identify the service by name. At Apple's iOS 4.0 preview in April, Jobs cited a "porn store" on Android as reason why Apple doesn't allow software unsigned by Apple to run on iOS devices like the iPhone and iPad.
"You can download it, your kids can download it," Jobs said last year. "That's a place we don't want to go, so we're not going to."
The adult service "MiKandi" this month hit with a cease-and-desist letter from Apple over its use of the term "App Store," according to GeekWire. It's the second digital download service targeted by Apple in defense of its trademark application this month, the first being the Amazon Appstore for Android.
At the time the report was filed, MiKandi's official website pitched itself as "the world's first app store for adults." But the company has since changed all references to "app store" to read "app market" instead. The official "MiKandi App Store" name has also been changed to "MiKandi App Market" on the website.
Apple has strict control over the App Store for iPhone, iPad and iPod touch, and the official guidelines clearly state that pornography of any type is not permitted. Even the official Android Market from Google does not allow adult content, along with Amazon's newly launched third-party Appstore for Android, which opened Tuesday.
Apple first applied for the App Store trademark in 2008, though the application has been challenged by Microsoft. Apple believes the term "App Store" is associated by the general public with Apple products, while Microsoft has asked the U.S. Patent and Trademark Office to deny Apple ownership of the name on the grounds that "app store" is too generic.
MiKandi co-founder Jesse Adams told GeekWire that his company doesn't plan to take on Apple's legal department by itself, but it might throw its support behind Microsoft's efforts. But the changes subsequently made to the website, from "app store" to "app market," suggest the company doesn't plan to wait for a decision on Microsoft's appeal.
The adult storefront for Android was noted by Apple Chief Executive Steve Jobs last April, though Jobs did not identify the service by name. At Apple's iOS 4.0 preview in April, Jobs cited a "porn store" on Android as reason why Apple doesn't allow software unsigned by Apple to run on iOS devices like the iPhone and iPad.
"You can download it, your kids can download it," Jobs said last year. "That's a place we don't want to go, so we're not going to."
Comments
Apparently they went...
So Apple doesn't allow porn on their app store and yet they come across this... Hmmm, is that why Apple is so secretive?... Is this what goes on behind closed doors at Apple's R&D?.... Wonder what they've been researching and wonder what developed?... Anyway, double standard? You be the judge.
(hold your horses, Apple probably googled "app store" and with google's help found "MiKandi". Just poking fun people.)... Scheez...
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Hey don't give them any free publicity! THis may come back to bite SJ. I hope not of course.
Some people are into that biting stuff....isn't that what the kinky app store is all about?
Jobs said last year. "That's a place we don't want to go, so we're not going to."
Apparently they went...
So Apple doesn't allow porn on their app store and yet they come across this... Hmmm, is that why Apple is so secretive?... Is this what goes on behind closed doors at Apple's R&D?.... Wonder what they've been researching and wonder what developed?... Anyway, double standard? You be the judge.
(hold your horses, Apple probably googled "app store" and with google's help found "MiKandi". Just poking fun people.)... Scheez...
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Well, here in Malaysia everything (free TV, movies, satellite TV etc.) is censored down to a PG-13 level. I'm sure working in the censorship department has been great fun for the past, oh, 40 years they've been doing it.
Luckily, here the Internet is pretty much uncensored (unless you are a popular blogger that says nasty anti-government things - even then they can't censor the blog they just jail the bloggers for a few days and rough them up or what not).
Now that you have to have a password to download apps and verify ages and what not...Apple should allow porn to be downloaded on it's platform. iOS red light district.
skyfire browser to view flash videos on idevices
Now that you have to have a password to download apps and verify ages and what not...Apple should allow porn to be downloaded on it's platform. iOS red light district.
Nah, I don't need apps (of course, we haven't seen what kind of apps they'll come up with)... I just need those damn porn sites to HTML5-ize their videos. Begone Flash porn!
Just like VHS and DVD, porn made Flash what it is today. Now if they could use their power for good and ditch Flash...
Come to think of it Steve banned porn from iOS because it probably would just take up too much time filtering through it at Apple across all departments.
Amazing how what was once in closets and under mattresses and through peep holes ("legit" or otherwise) is now open to all thanks to the Intarwebs.
This brings a whole new meaning to "touch screen"
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Yea, I know - is lame as it gets
But be honest
Many of you were already thinking it
.
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Nah, I don't need apps (of course, we haven't seen what kind of apps they'll come up with)... I just need those damn porn sites to HTML5-ize their videos. Begone Flash porn!
Just like VHS and DVD, porn made Flash what it is today. Now if they could use their power for good and ditch Flash...
Oh... so that's how the name, Flash, came into being...
Now that you have to have a password to download apps and verify ages and what not...Apple should allow porn to be downloaded on it's platform. iOS red light district.
Kids figure out passwords. And the age verification is a pop up that says 'Are you old enough?' and you tap yes. A five year old can reply and get past that step.
Apple tried to do the whole credit card must be on the account thing but kids can lift a card out of mom's bag. Privacy nuts jump all over any attempt to get into social security numbers etc.
And if Apple just gives in, they will get sued by those parent groups, women's groups etc. They could also be held liable for any child porn violations etc
Basically Apple will never completely win. Regardless, the trademark office granted them the mark and legally they must actively defend it. Which they are. That it is a porn market is really beside the point
MiKandi App Market sales: 599,999
I think it's good apple doesn't allow adult content. Not only would a lot of people not understand how to properly restrict their kids from it, it would be associated with apple and they don't want that. they want family friendly.
however, it'd be pretty cool be an app reviewer at apple if they did.
New app submission: Back Door Sluts IX
Status: Approved
Comments: Reviewed thoroughly, no bugs found.
The term 'app store' should be categorized the the same way that shoe store, grocery store, or hardware store is - Generic Terms - IMO
These each are nothing more than stores that sell mobile platform apps... thus they're - App Stores, with the differentiator being the brand name of the app store itself e.g. Apple, Amazon et al.
Remember that Apple doesn't even currently hold a trademark for the words 'App Store' as their attempt was recently rejected:
"Microsoft argued in a previous filing that any "secondary meaning or fame Apple has in 'App Store' is de facto secondary meaning that cannot convert the generic term 'app store' into a protectable trademark."
Among other pieces of evidence, the Microsoft filing noted that the media and even Apple CEO Steve Jobs have used the phrase generically. Jobs, for example, once referred in an interview to a new crop of Android "app stores."
Interesting... It appears that Apple's going to lose this one.
And if Apple just gives in, they will get sued by those parent groups, women's groups etc. They could also be held liable for any child porn violations etc
Yeah OK, just like they get sued for porn on Macs, and MS gets sued for porn on windows. Give up, you don't have the slightest clue what you are talking about.
"Apple argued in a previous filing that any "secondary meaning or fame Microsoft has in 'Windows' is de facto secondary meaning that cannot convert the generic term 'windows' into a protectable trademark."
Among other pieces of evidence, the Apple filing noted that the media and even Microsoft CEO Steve Ballmer have used the phrase generically. Ballmer, for example, once referred in an interview to a new crop of Milgard "custom windows."
Interesting... It appears that Apple's going to lose this one.
I see absolutely no reason for Apple to lose.
hold a trademark for the words 'App Store' as their attempt was recently rejected:
"Microsoft argued in a previous filing that any "secondary meaning or fame Apple has in 'App Store' is de facto secondary meaning that cannot convert the generic term 'app store' into a protectable trademark."
Among other pieces of evidence, the Microsoft filing noted that the media and even Apple CEO Steve Jobs have used the phrase generically. Jobs, for example, once referred in an interview to a new crop of Android "app stores."
Interesting... It appears that Apple's going to lose this one.
BINGO! Steve Jobs has publicly used App Store as a generic term. That in itself should kill the attemp to trade mark it.
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This brings a whole new meaning to "touch screen"
.
Yea, I know - is lame as it gets
But be honest
Many of you were already thinking it
.
.
I'm shocked, shocked I tell you! How déclassé.
I wouldnt touch that with a ten foot pole.
I see absolutely no reason for Apple to lose.
Because you have no clue what you are lookign at or talking about. The Windows trademark covers the use on computers not the physical openings/glass in homes and cars. It was also filed long before Balmer was CEO.
There is an argument the application for Windows should have been rejected due to use of the term by other before microsoft (WIMP where the W stood for windows), but just because the PTO may have made a mistake nearly 30 years ago does not mean they will repeat it.
If Microsoft can trademark a word as generic as "windows", then I don't see how apple can't trademark "app store" (and heck -- apple has a trademark on "apple", which itself is pretty generic).
not windows, but Windows; A grammatical plural used as a common singular noun.