Apple describes Amazon Appstore as 'inferior' and a security threat
In a new filing in its ongoing legal battle to protect the "App Store" trademark, Apple said it is worried that users will confuse the iOS App Store with Amazon's "inferior" product, which it described as a potential security concern for mobile devices.
This week, Apple issued the new filing in its ongoing complaint against Amazon. Discovered by Computerworld, it criticizes Amazon's Appstore for Android for bypassing "security safeguards" on the mobile operating system, "thereby increasing the potential harm of viruses and malware to customers' Android devices."
"Amazon mischaracterizes Apple's tarnishment claim," Apple's filing reads. "Apple has not asserted that the Android operating system is inferior. Rather, Apple has asserted that Amazon's service is inferior and will tarnish Apple's mark."
The Amazon Appstore for Android competes with Google's own official Android Market. Apple, in court documents, noted that the Amazon digital storefront offers applications for Android devices that have been "rooted," which makes them even more vulnerable to security breaches.
"Even non-'rooted' Android-based devices have experienced significant security breaches," Apple wrote. "Last week, moreover, Google announced another 30 Android-based software applications were infected by malware."
Apple's aggressive legal strategy is in the interest of maintaining a trademark for the App Store name. Failure to defend such marks can result in them being considered part of the general language. In addition to Amazon, Microsoft has also argued in court that Apple's "App Store" trademark application should be considered too generic to be fairly registered.
Apple has countered by arguing that before its App Store for the iPhone debuted in 2008, businesses did not commonly use the words "app store" together to describe download services.
Despite Apple's legal action, Amazon opened its Appstore for Android in March. The online retailer has asserted that it and anyone else should be free to use the term "app store" for their products or services.
Amazon also began taking on Apple's Mac App Store in May with the launch of its own Mac Download Store. The online software storefront offers direct downloads of more than 250 titles -- including some not found in the Mac App Store, like Microsoft's Office for Mac suite. But unlike its Android service, Amazon's Mac Download Store does not use the word "app" to describe itself or the products it offers.
This week, Apple issued the new filing in its ongoing complaint against Amazon. Discovered by Computerworld, it criticizes Amazon's Appstore for Android for bypassing "security safeguards" on the mobile operating system, "thereby increasing the potential harm of viruses and malware to customers' Android devices."
"Amazon mischaracterizes Apple's tarnishment claim," Apple's filing reads. "Apple has not asserted that the Android operating system is inferior. Rather, Apple has asserted that Amazon's service is inferior and will tarnish Apple's mark."
The Amazon Appstore for Android competes with Google's own official Android Market. Apple, in court documents, noted that the Amazon digital storefront offers applications for Android devices that have been "rooted," which makes them even more vulnerable to security breaches.
"Even non-'rooted' Android-based devices have experienced significant security breaches," Apple wrote. "Last week, moreover, Google announced another 30 Android-based software applications were infected by malware."
Apple's aggressive legal strategy is in the interest of maintaining a trademark for the App Store name. Failure to defend such marks can result in them being considered part of the general language. In addition to Amazon, Microsoft has also argued in court that Apple's "App Store" trademark application should be considered too generic to be fairly registered.
Apple has countered by arguing that before its App Store for the iPhone debuted in 2008, businesses did not commonly use the words "app store" together to describe download services.
Despite Apple's legal action, Amazon opened its Appstore for Android in March. The online retailer has asserted that it and anyone else should be free to use the term "app store" for their products or services.
Amazon also began taking on Apple's Mac App Store in May with the launch of its own Mac Download Store. The online software storefront offers direct downloads of more than 250 titles -- including some not found in the Mac App Store, like Microsoft's Office for Mac suite. But unlike its Android service, Amazon's Mac Download Store does not use the word "app" to describe itself or the products it offers.
Comments
In a new filing in its ongoing legal battle to protect the "App Store" trademark, Apple said it is worried that users will confuse the iOS App Store with Amazon's "inferior" product, which it described as a potential security concern for mobile devices.
I buy that. There are an awful lot of people who would definitely confuse the 2 App Stores. All you need is about 3 years experience in retail to know that.
In a new filing in its ongoing legal battle to protect the "App Store" trademark, Apple said it is worried that users will confuse the iOS App Store with Amazon's "inferior" product, which it described as a potential security concern for mobile devices.
Potential security concern? Howzabout "a verified cesspool of malware from miscreants"?
No reason to beat around the bush. You use Android, and you download an app, and the next thing you know, everyone in your address book is infected so their phone gets bricked. I'll stick with the REAL App Store, thankyouverymuch. Amazon should rename it the Malware Store, but that is too honest for the likes of Android Merchants.
Amazon should rename it the Malware Store, but that is too honest for the likes of Android Merchants.
What malware has been distributed from Amazon?
I buy that. There are an awful lot of people who would definitely confuse the 2 App Stores. All you need is about 3 years experience in retail to know that.
Agreed. This is an inspired legal approach. Demonstrates how this could harm Apple's image, rather than just making the allegation.
I buy that. There are an awful lot of people who would definitely confuse the 2 App Stores. All you need is about 3 years experience in retail to know that.
Yrs, people is so stupid that will think Amazon is Apple. The same excuse to no accept Google Voice, people is stupid.
I don't know why Apple did this. People will learn not to use Amazon when they get their malware app. People can be responsible for themselves as companies like Amazon should be responsible for itself to at least do some minimal vetting of the apps that go up on it's store.
What malware? Amazon doesn't do ant vetting?
The term App Store was not used before Apple opened its AppStore afaik. I always thought AppStore was a play on words - Apple / Application Store.
People forget that the word 'app' itself wasn't used as short form for applications before NeXT (now Apple), started using it too.
Even the long-form term, 'application' was uncommon anywhere outside of the Mac community until fairly recently. People used to talk about 'programs' and 'executables' instead.
Sadly, I wouldn't be surprised if Apple lost the suit anyway. Everyone seems to have about a two year memory window lately. Anything that happened before that is the distant past. Witness all the idiots talking about how "iOS 5 copies Android" recently, when all the things they supposedly copied were done on other platforms long ago, sometimes by Apple itself.
I don't know why Apple did this. People will learn not to use Amazon when they get their malware app. People can be responsible for themselves as companies like Amazon should be responsible for itself to at least do some minimal vetting of the apps that go up on it's store.
They are doing it because they invented the word, then they invented the store, then Amazon copied both.
Imagine if Apple started calling the Apple menu, the "Start menu." Don't you think Microsoft would take them to court? Don't you think it would be a giant ignorant slap in the face to Microsoft even if it wasn't technically wrong?
I applaud Apple for trying to stop this crap. Even if they fail, they did the right thing.
I don't know why Apple did this.
They did it because legally they have to. Unlike patents where you can wait months and even years for someone to turn a decent profit before you scream foul, trademarks must be protected or you will lose them. Apple's registration was all but approved when Microsoft filed their complaint so now it is in limbo until the USPTO decides, but meanwhile Apple still has to defend their trademark to show that they are serious about it. With any argument they can think of.
People forget that the word 'app' itself wasn't used as short form for applications before NeXT (now Apple), started using it too.
Apple programs are even .app rather than .exe
Witness all the idiots talking about how "iOS 5 copies Android" recently, when all the things they supposedly copied were done on other platforms long ago, sometimes by Apple itself.
Yep. Everything is either natural growth or was copied from a prior art. Including Android sometimes copying iOS prior art. Or amusingly copied from the works of iOS jailbreaks as a way to be able to yell "Droid does"
Potential security concern? Howzabout "a verified cesspool of malware from miscreants"?
No reason to beat around the bush. You use Android, and you download an app, and the next thing you know, everyone in your address book is infected so their phone gets bricked. I'll stick with the REAL App Store, thankyouverymuch. Amazon should rename it the Malware Store, but that is too honest for the likes of Android Merchants.
This board is really going down hill.
People forget that the word 'app' itself wasn't used as short form for applications before NeXT (now Apple), started using it too.
False. People have used "app" as short form for application forms (i.e. job app) and software years before NeXT ever existed.
Yrs, people is so stupid that will think Amazon is Apple. The same excuse to no accept Google Voice, people is stupid.
I don't know wether to laugh, cry, or both after reading this post.
I don't know wether to laugh, cry, or both after reading this post.
Well, I would like to believe it's another case of ESL but who can say?
Potential security concern? Howzabout "a verified cesspool of malware from miscreants"?
No reason to beat around the bush. You use Android, and you download an app, and the next thing you know, everyone in your address book is infected so their phone gets bricked. I'll stick with the REAL App Store, thankyouverymuch. Amazon should rename it the Malware Store, but that is too honest for the likes of Android Merchants.
Wow, commenting on something you know nothing about. You must feel so smart.
Gotta love the internet!
People forget that the word 'app' itself wasn't used as short form for applications before NeXT (now Apple), started using it too.
Even the long-form term, 'application' was uncommon anywhere outside of the Mac community until fairly recently. People used to talk about 'programs' and 'executables' instead.
I think you are mistaken. Application programmer was a well known job title going back at least to the 1970's, in the IBM mainframe world. I know because I was one and I worked on applications.