Apple fires a "cease and desist" letter to GetJar, latter gives the finger

Posted:
in General Discussion edited January 2014

Comments

  • Reply 1 of 8
    addaboxaddabox Posts: 12,660member
    Wow, they sound like self important dicks with an inflated sense of their place in the scheme of things and an utterly self serving take on Apple's actions.



    As do each and every person posting on their blog. If they are actually developers, they are apparently unaware that Apple single handedly created the expansive mobile device app market that they now enjoy and had "Apple gone down" as they seem to so fervently desire there would be vastly fewer opportunities to sell software into that market.
  • Reply 2 of 8
    futurepastnowfuturepastnow Posts: 1,772member
    Quote:
    Originally Posted by addabox View Post


    Wow, they sound like self important dicks with an inflated sense of their place in the scheme of things and an utterly self serving take on Apple's actions.



    They're also in the right. Apple has no trademark on the term "app store." They can't stop anybody else from using it.
  • Reply 3 of 8
    gatorguygatorguy Posts: 19,393member
    A lot of bluster in the blog, but IMHO GetJar is correct in their stance. Apple has no legal authority to demand they C&C with app store. Sad to see Apple becoming the tech block's bully.



    Between Apple and Microsoft, the chances for any newcomer's to make their mark are getting incredibly slimmer. One or both will patent-claim any potential upstart competition out of existence or buy them up and bury them.
  • Reply 4 of 8
    addaboxaddabox Posts: 12,660member
    Thank you, internet lawyers. I'm sure your analysis will be a key part of this case.
  • Reply 5 of 8
    jeffdmjeffdm Posts: 12,946member
    Quote:
    Originally Posted by Gatorguy View Post


    A lot of bluster in the blog, but IMHO GetJar is correct in their stance. Apple has no legal authority to demand they C&C with app store. Sad to see Apple becoming the tech block's bully.



    Between Apple and Microsoft, the chances for any newcomer's to make their mark are getting incredibly slimmer. One or both will patent-claim any potential upstart competition out of existence or buy them up and bury them.



    Just to be clear, the "App Store" litigation is about a trademark, not a patent.
  • Reply 6 of 8
    cloudgazercloudgazer Posts: 2,161member
    Quote:
    Originally Posted by FuturePastNow View Post


    They're also in the right. Apple has no trademark on the term "app store." They can't stop anybody else from using it.



    Just because you haven't got a registered Trade Mark, doesn't mean you don't have a Trade Mark - from wiki



    The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.



    The question as to whether Apple has that Trade Mark is still an open one.
  • Reply 7 of 8
    aquaticaquatic Posts: 5,602member
    Quote:
    Originally Posted by addabox View Post


    Thank you, internet lawyers. I'm sure your analysis will be a key part of this case.



    Apple is more and more becoming The Man. Not sure how to put that in legalese but that's how it looks anyway.
  • Reply 8 of 8
    addaboxaddabox Posts: 12,660member
    Quote:
    Originally Posted by Aquatic View Post


    Apple is more and more becoming The Man. Not sure how to put that in legalese but that's how it looks anyway.



    I don't have any problem with anyone having an opinion as to the righteousness of Apple's doings, good bad or indifferent.



    However, the law doesn't really care if you're the man or the underdog or a plucky newcomer or the little guy, and feeling like Apple are evil fascist bullies or whatever has no bearing on the legitimacy of any litigation they might be pursuing.



    As far as Getjar's "response", "We're awesome and don't care if some old guys said we had to stop doing what we're doing because that's just how we roll" is not a legal opinion, and IMO is the kind of glib, juvenile posturing that could actually hurt them in a courtroom if Apple pursues this.
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