Porn store for Android targeted in Apple's 'App Store' trademark defense

Posted:
in iPhone edited January 2014
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."
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Comments

  • Reply 1 of 54
    MacProMacPro Posts: 17,892member
    Hey don't give them any free publicity! THis may come back to bite SJ. I hope not of course.
  • Reply 2 of 54
    rot'napplerot'napple Posts: 1,839member
    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. </SARCASM>





    (hold your horses, Apple probably googled "app store" and with google's help found "MiKandi". Just poking fun people.)... Scheez...

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  • Reply 3 of 54
    adonissmuadonissmu Posts: 1,772member
    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.
  • Reply 4 of 54
    frugalityfrugality Posts: 410member
    Quote:
    Originally Posted by digitalclips View Post


    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?
  • Reply 5 of 54
    nvidia2008nvidia2008 Posts: 9,262member
    Ass Store? iAss? iPord?
  • Reply 6 of 54
    nvidia2008nvidia2008 Posts: 9,262member
    Quote:
    Originally Posted by Rot'nApple View Post


    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. </SARCASM>





    (hold your horses, Apple probably googled "app store" and with google's help found "MiKandi". Just poking fun people.)... Scheez...

    /

    /

    /



    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).
  • Reply 7 of 54
    al_bundyal_bundy Posts: 1,525member
    Quote:
    Originally Posted by AdonisSMU View Post


    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
  • Reply 8 of 54
    nvidia2008nvidia2008 Posts: 9,262member
    Quote:
    Originally Posted by AdonisSMU View Post


    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.
  • Reply 9 of 54
    bc kellybc kelly Posts: 148member
    .



    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



    .







    .
  • Reply 10 of 54
    Quote:
    Originally Posted by nvidia2008 View Post


    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...
  • Reply 11 of 54
    charlitunacharlituna Posts: 7,198member
    Quote:
    Originally Posted by AdonisSMU View Post


    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
  • Reply 12 of 54
    motorola xoom sales: 600,000

    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.
  • Reply 13 of 54
    daharderdaharder Posts: 1,580member
    These companies really should save the lawyers for things that really matter, not common terms/words.



    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.
  • Reply 14 of 54
    blastdoorblastdoor Posts: 1,888member
    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).
  • Reply 15 of 54
    aiaddictaiaddict Posts: 487member
    Quote:
    Originally Posted by charlituna View Post


    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.
  • Reply 16 of 54
    tallest skiltallest skil Posts: 43,399member
    Quote:
    Originally Posted by DaHarder View Post


    "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.
  • Reply 17 of 54
    aiaddictaiaddict Posts: 487member
    Quote:
    Originally Posted by DaHarder View Post


    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.
  • Reply 18 of 54
    Quote:
    Originally Posted by BC Kelly View Post


    .



    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.
  • Reply 19 of 54
    aiaddictaiaddict Posts: 487member
    Quote:
    Originally Posted by Tallest Skil View Post


    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.
  • Reply 20 of 54
    chronsterchronster Posts: 1,894member
    Quote:
    Originally Posted by Blastdoor View Post


    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.
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