Amazon requests judge throw out Apple's claim of false advertisement

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  • Reply 21 of 50
    mauszmausz Posts: 243member

    Quote:

    Originally Posted by Entropys View Post



    Did anyone but apple use app store to sell smartphone apps? or applications even? Before March 2011? Before amazon did (which i presume was in 2010)?

    I must admit I had never heard software referred to as apps prior to the iphone, and when i heard the reference actually thought they were some sort of special name for phone applications.

    Apple's weak bit is that the alliterative "Amazon Appstore for Android" was apparently OK, according to this article.

    questions, questions.


     


    The term apps has been used for as long as 'applications' have existed as the most used abbreviation. As for the word 'store' I think you get the idea.


     


    I wonder if the combination of 2 generally used words is in any way protectable..

  • Reply 22 of 50

    Quote:

    Originally Posted by mausz View Post


     


    The term apps has been used for as long as 'applications' have existed as the most used abbreviation. As for the word 'store' I think you get the idea.


     


    I wonder if the combination of 2 generally used words is in any way protectable..



     


    Your tale about 'apps' is revisionist history. It's simply not the case that apps was a commonly used synonym for 'computer programs' until after Apple popularized its use on iOS. And, most usage before that was restricted to Apple/NeXT platforms, which used .app as the extension for application bundles. Prior to usage with iOS, while 'application' was used, 'program' was much more common, and even 'executable' was still more commonly used than 'app'.


     


    As for your second point, think one word: Windows.

  • Reply 23 of 50
    richlrichl Posts: 2,213member

    Quote:

    Originally Posted by anonymouse View Post


     


    Your tale about 'apps' is revisionist history. It's simply not the case that apps was a commonly used synonym for 'computer programs' until after Apple popularized its use on iOS. 



     


    The phase "killer app" has existed for almost as long as personal computers themselves. Wikipedia says that its origins are with VisiCalc on the Apple II, way back in 1983.


     


    I don't know a great deal about US IP law but English IP law is very clear - you can't trademark generic terms related to your business. If you sell apples, you can't trademark apple. If your business is in Ohio, you can't trademark Ohia. If your name is John Smith, you can't trademark John Smith. Both of the term "app" and "store" are generic when related to selling applications from a virtual store.

  • Reply 24 of 50
    lilgto64lilgto64 Posts: 1,147member
    In related news, Unilever lost its trademark dispute because Q-tip is now a generic term for all cotton swab products and Kimberly-Clark also lost exclusive use of Kleenex for all facial tissues.

    Seriously though - if they believe their own argument - they can call their store anything they like and the average consumer will refer to it as "the appstore"

    Trying to remember where I heard this - might have been on TV or a friend - one person pulls out their new cellphone and says check out my new iPhone - and shows a device that is clearly not an iPhone, leaving one to wonder whether the person was just daft and actually thought they bought an iPhone or if even the term "iPhone" has become synonymous with a touch screen smart phone to those who are less than technologically savvy.
  • Reply 25 of 50
    jragostajragosta Posts: 10,473member
    mocseg wrote: »
    Btw, Apple Insider forgot to mention a blatant copy case news - Swiss newspaper Blick -  Google Translate
    LL

    So, that Billion will disappear fast.

    Really? So please explain how the Swiss Railway is going to show a billion dollars in damages from Apple using a clock that looks similar.
  • Reply 26 of 50
    jragosta wrote: »
    Really? So please explain how the Swiss Railway is going to show a billion dollars in damages from Apple using a clock that looks similar.

    I mentioned this when the Swiss clock story broke. As trivial as it is Apple has so much attention that it really should take care to prevent these sorts of minor issues from cropping up because people like mocseg can't tell the difference between it and what Samsung has stolen from Apple, hurt the rest of the Android vendors, and consumers.
  • Reply 27 of 50
    IMHO apple is wrong with this. "app store" is the easiest way to describe a store that sells applications, and therefore not exclusive to apple. Apple may have popularized the phrase, but that doesn't mean it isn't obvious.

    The "windows" argument doesn't make sense IMHO, because "window" is a metaphor for an on-screen element, not an obvious description of what it is. Windows on a computer look nothing like windows in the real world. You could just as easily call them "squares" or "dialogs" or anything else. Microsoft decided to call them windows.
  • Reply 28 of 50
    App Store is the same as Drug store.
    And some of the posts on here read like they need to get to theirs fast for a refill.
  • Reply 29 of 50
    chris_cachris_ca Posts: 2,543member

    Quote:

    Originally Posted by Spacepower View Post

    I'm going by the article's supposed facts where they took out "Android"


    Click on the link I posted. It takes you to the Amazon Appstore for Android.


     


     




    Did you read the article? Maybe my reading comprehension is low or you have and older device?



    I don't understand. ???

  • Reply 30 of 50
    hill60hill60 Posts: 6,992member

    Quote:

    Originally Posted by mausz View Post


     


    The term apps has been used for as long as 'applications' have existed as the most used abbreviation. As for the word 'store' I think you get the idea.


     


    I wonder if the combination of 2 generally used words is in any way protectable..



     


    Maybe Apple could cordon off part of iTunes, devoted to feminist works, they could call it Amazon store named after the Amazon's of Greek and Roman legend.


     


    After all Amazon and store are generic.


     


    The Word™ Coca and the Word™ Cola, combined = Coca Cola™.

  • Reply 31 of 50


    Originally Posted by Cash907 View Post

    Funny. To me, it sounds like a "store" from which you can purchase "apps" from, which is exactly what it is. What exactly is deceptive about that?


     


    And here's number two! Not in that sense of the phra—well… 





    Originally Posted by Spacepower View Post

    Amazon can't use the word Android since they forked their own version.


     


    Oh, they forked their own version, all right… 





    Originally Posted by iSheldon View Post

    App Store is the same as Drug store.


     


    Really? I can buy prescription drugs from Apple? That sounds kind of illegal to me.

  • Reply 32 of 50

    Really? I can buy prescription drugs from Apple? That sounds kind of illegal to me.

    No but you can buy apps from any app store and drugs from any drug store.
    Or candy from any candy store if you prefer.
  • Reply 33 of 50
    hill60hill60 Posts: 6,992member

    Quote:

    Originally Posted by RichL View Post


     


    The phase "killer app" has existed for almost as long as personal computers themselves. Wikipedia says that its origins are with VisiCalc on the Apple II, way back in 1983.


     


    I don't know a great deal about US IP law but English IP law is very clear - you can't trademark generic terms related to your business. If you sell apples, you can't trademark apple. If your business is in Ohio, you can't trademark Ohia. If your name is John Smith, you can't trademark John Smith. Both of the term "app" and "store" are generic when related to selling applications from a virtual store.



    So in the UK you could sell an operating system that uses windows and call it Windows?


     


    Say it was Linux based you could call it Lindows...


     


    ...oh, wait.


     


     


    So the British can't trademark generic words...


     


    ...pears, range, rover, mars, bars, jaguar, cashmere, bouquet, goggomobil, dart.


     


    Words generic words, just some I can think of that, according to you cannot be trademarked in the UK.

  • Reply 34 of 50


    Originally Posted by iSheldon View Post

    No but you can buy apps from any app store and drugs from any drug store.


     


    But just like drugs, not all apps are compatible with all platforms.


     


    That was so flipping awesome. Thanks for the setup. Been a while since someone has so efficiently set up their own demise.

  • Reply 35 of 50
    richlrichl Posts: 2,213member

    Quote:

    Originally Posted by hill60 View Post


    So the British can't trademark generic words...


     


    ...pears, range, rover, mars, bars, jaguar, cashmere, bouquet, goggomobil, dart.


     


    Words generic words, just some I can think of that, according to you cannot be trademarked in the UK.



     


    Only generic words related to the business.


     


    Jaguar cars is allowed. Jaguar Zoo almost certainly would not. Mar bar chocolate is allowed. A store located on the planet Mars called Dave's Mars Store could not file for a Mars-based trademark.


     


    And it's not the British who can't do this, it's any company asserting its IP in England. The Windows trademark has never been contested in England, AFAIK.

  • Reply 36 of 50
    But just like drugs, not all apps are compatible with all platforms.

    That was so flipping awesome. Thanks for the setup. Been a while since someone has so efficiently set up their own demise.

    Not since your iPhone 6 debacle, I suppose.
  • Reply 37 of 50
    Apple should release something called AmazonTablet and see what Amazon has to say about that.
  • Reply 38 of 50
    But just like drugs, not all apps are compatible with all platforms.

    That was so flipping awesome. Thanks for the setup. Been a while since someone has so efficiently set up their own demise.

    At least not since your iPhone 6 debacle,
    I suppose.
  • Reply 39 of 50


    I just invented a slimmy product that I'm gonna trademark as GOO GLE.

  • Reply 40 of 50
    gatorguygatorguy Posts: 24,104member

    Quote:

    Originally Posted by rjlcool View Post


    I just invented a slimmy product that I'm gonna (attempt to) trademark as GOO GLE.



    Fixed. I wouldn't spend too time or money on the effort myself.  :)

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