Notice how the Amazon rep just flat out lied about what happened? Apple dropped the case, not the court.
Read the article. Both Apple and Amazon asked the court to dismiss the case and the court granted their requests. Courts dismiss cases. All Amazon and Apple could do is ask for it to be done. Amazon did not lie about how the case was dismissed, they just gave all the credit to the court. I don't see Apple thanking Amazon either though.
For those arguing that of course "App Store" is invalid, explain all the following trademarks:
The Room Store
Workday
Salesforce
The Running Store
It's easy to forget that before Apple created the App Store it was not generic. Nowadays it seems obvious and generic and presumably that factored into Apple dropping this issue.
I do find it amusing that Amazon chose or got stuck with "Appstore" instead.
I'm not a lawyer, just a normal everyday human being, App Store to me seems generic. iPad or iPhone or iBooks or iCloud are names of specific things that seems like they could be infringed upon.
App Store seems about as generic a term to me as a Book Store or Grocery Store. But you can qualify it by saying iTunes App Store or Amazon App Store to specify which app store you're talking about.
You just don't understand how stupid the masses can be. About a month ago I attended a social event and encountered a woman who was being shown an iPhone by her acquaintance. He was showing her how to send text messages, how to post on Facebook, you know, the general stuff. She was enthralled and stated she would like to get one. I piped in and told her go to the local Apple store to check it out further. Do you know what her response was? I kid you not...
"Apple? I thought they weren't around anymore."
This is exactly the type of person who would go to the wrong "AppStore" and get pissed because they couldn't download anything for their "iPhone." To this person AppStore and iPhone were generic terms. iPhone meant any smartphone to her. Yes there are lots of people like this in the world, millions of them.
I'm not a lawyer, just a normal everyday human being, App Store to me seems generic. iPad or iPhone or iBooks or iCloud are names of specific things that seems like they could be infringed upon.
App Store seems about as generic a term to me as a Book Store or Grocery Store. But you can qualify it by saying iTunes App Store or Amazon App Store to specify which app store you're talking about.
Who was using it before Apple? Keep in mind, Amazon is the same company who patented the concept of saving credit card numbers and using that information for one click shopping. That seems pretty obvious to me.
exactly, it is not that hard to understand... App Store is just Application Store cut down, Yes Apple made it popular but that does not make it theirs - Just like who ever made Gas Station or Auto Shop popular can claim those.
I'm sorry, but just because you say something doesn't make it true.
"Yes Apple made it popular but that does not make it theirs"
Do you understand what a trademark is? It's not about 'owning' something. It's about 'using' something.
Everyone loves to comment on these threads with their backyard law degrees. 'Ooohhh "app" is a generic term, blah blah blah".
For those arguing that of course "App Store" is invalid, explain all the following trademarks:
The Room Store
Workday
Salesforce
The Running Store
It's easy to forget that before Apple created the App Store it was not generic. Nowadays it seems obvious and generic and presumably that factored into Apple dropping this issue.
I do find it amusing that Amazon chose or got stuck with "Appstore" instead.
The difference being that 'The Room Store' doesn't sell rooms and 'The Running Store' doesn't sell runnings. The problem is not that the name is generic but too descriptive. You would probably not be able to trademark 'The Shoe Store'.
You just don't understand how stupid the masses can be. About a month ago I attended a social event and encountered a woman who was being shown an iPhone by her acquaintance. He was showing her how to send text messages, how to post on Facebook, you know, the general stuff. She was enthralled and stated she would like to get one. I piped in and told her go to the local Apple store to check it out further. Do you know what her response was? I kid you not...
"Apple? I thought they weren't around anymore."
This is exactly the type of person who would go to the wrong "AppStore" and get pissed because they couldn't download anything for their "iPhone." To this person AppStore and iPhone were generic terms. iPhone meant any smartphone to her. Yes there are lots of people like this in the world, millions of them.
And exactly how would that person accidentally go to the wrong 'app store'? On a computer? Perhaps but I'd guess someone that dumb would never access iTunes on a computer.
And exactly how would that person accidentally go to the wrong 'app store'? On a computer? Perhaps but I'd guess someone that dumb would never access iTunes on a computer.
There are a lot of Android users who also use Windows.
The difference being that 'The Room Store' doesn't sell rooms and 'The Running Store' doesn't sell runnings. The problem is not that the name is generic but too descriptive. You would probably not be able to trademark 'The Shoe Store'.
For those arguing that of course "App Store" is invalid, explain all the following trademarks:
The Room Store
Workday
Salesforce
The Running Store
It's easy to forget that before Apple created the App Store it was not generic. Nowadays it seems obvious and generic and presumably that factored into Apple dropping this issue.
I do find it amusing that Amazon chose or got stuck with "Appstore" instead.
You bring up a valid point. However, have any of these trademarks being challenged in court? What makes you so convinced that they will remain valid if contested?
It's easy to forget that before Apple created the App Store it was not generic.
It certainly wasn't a widely used phrase. Yet it would've been generic enough to be easily understood.
Years before the iPhone came out, if you had said to a fellow smartphone owner, "I just downloaded a Starbucks locator from an online app store", she would've known what you meant, and asked you which app store... the Palm Store, Brighthand, Handango, the J2ME download site, etc.
That's why it's what the USPTO calls a "merely descriptive" term, and why they have turned down every application through the years that only applied on the basis of the two words "app store" without any other argument.
Quote:
Nowadays it seems obvious and generic and presumably that factored into Apple dropping this issue.
It also didn't help that Apple CEO Tim Cook himself used "app store" generically in a quarterly call with the whole world listening in:
"We've got the largest app store ..."
"... iPhone's integrated approach is materially better than Android's fragmented approach, where you have multiple OSes on multiple devices with different screen resolutions and multiple app stores with different ... "
Those earnings calls are normally well rehearsed. He could've chosen another phrase, but he went with the generic form.
All that said, I think that if Apple had tried for "The App Store", they'd probably have a great case.
You might actually learn something if you read #36 above. But I don't expect you will.
Can't speak for others, but I've learned something. I've learned that some assume the worst and dumbest from others so as to establish their superiority. Although I pity the soul that can be truly fulfilled thus, I do recognize that it's an easy trap to fall into. Every time you demean other people, it reminds me to resist following your example. Thanks for the lesson indeed, assodatur.
Nevertheless, it's amazing that it doesn't occur to u that u too present opportunities for others to label u as ignorant and idiotic, but we do not do so for the most part. What kind of person lurks behind your words? The answer is simple and makes many go blech.
So I'm gonna take a hike. U win, in a way that only u appreciate.
Comments
Quote:
Originally Posted by kharvel
Does this mean that someone can bring back Lindows?
God I hope not.
Quote:
Originally Posted by Jessi
Notice how the Amazon rep just flat out lied about what happened? Apple dropped the case, not the court.
Read the article. Both Apple and Amazon asked the court to dismiss the case and the court granted their requests. Courts dismiss cases. All Amazon and Apple could do is ask for it to be done. Amazon did not lie about how the case was dismissed, they just gave all the credit to the court. I don't see Apple thanking Amazon either though.
Quote:
Originally Posted by kharvel
Does this mean that someone can bring back Lindows?
No. It has pretty much zero relevance to that.
For those arguing that of course "App Store" is invalid, explain all the following trademarks:
The Room Store
Workday
Salesforce
The Running Store
It's easy to forget that before Apple created the App Store it was not generic. Nowadays it seems obvious and generic and presumably that factored into Apple dropping this issue.
I do find it amusing that Amazon chose or got stuck with "Appstore" instead.
Now we'll never know. It has ended.
When I search Google for "App Store" the top 5 results are all for Apple.com and Amazon's store comes up in 6th place, with Google Play further down.
Even if the courts don't agree, "App Store" is synonymous with Apple.
Quote:
Originally Posted by Mazda 3s
I'm not a lawyer, just a normal everyday human being, App Store to me seems generic. iPad or iPhone or iBooks or iCloud are names of specific things that seems like they could be infringed upon.
App Store seems about as generic a term to me as a Book Store or Grocery Store. But you can qualify it by saying iTunes App Store or Amazon App Store to specify which app store you're talking about.
You just don't understand how stupid the masses can be. About a month ago I attended a social event and encountered a woman who was being shown an iPhone by her acquaintance. He was showing her how to send text messages, how to post on Facebook, you know, the general stuff. She was enthralled and stated she would like to get one. I piped in and told her go to the local Apple store to check it out further. Do you know what her response was? I kid you not...
"Apple? I thought they weren't around anymore."
This is exactly the type of person who would go to the wrong "AppStore" and get pissed because they couldn't download anything for their "iPhone." To this person AppStore and iPhone were generic terms. iPhone meant any smartphone to her. Yes there are lots of people like this in the world, millions of them.
Quote:
Originally Posted by Mazda 3s
I'm not a lawyer, just a normal everyday human being, App Store to me seems generic. iPad or iPhone or iBooks or iCloud are names of specific things that seems like they could be infringed upon.
App Store seems about as generic a term to me as a Book Store or Grocery Store. But you can qualify it by saying iTunes App Store or Amazon App Store to specify which app store you're talking about.
Who was using it before Apple? Keep in mind, Amazon is the same company who patented the concept of saving credit card numbers and using that information for one click shopping. That seems pretty obvious to me.
Quote:
Originally Posted by Mazda 3s
That to me is different.
App is short for Application. Its nothing unique as the term Kleenex "was" back in the day.
App Store is to Application Store as Gas Station is to Gasoline Station.
Yet, trademarks are awarded like that all the time. How about, "The Container Store?"
You might actually learn something if you read #36 above. But I don't expect you will.
I'm sorry, but just because you say something doesn't make it true.
"Yes Apple made it popular but that does not make it theirs"
Do you understand what a trademark is? It's not about 'owning' something. It's about 'using' something.
Everyone loves to comment on these threads with their backyard law degrees. 'Ooohhh "app" is a generic term, blah blah blah".
Shoosh.
The difference being that 'The Room Store' doesn't sell rooms and 'The Running Store' doesn't sell runnings. The problem is not that the name is generic but too descriptive. You would probably not be able to trademark 'The Shoe Store'.
And exactly how would that person accidentally go to the wrong 'app store'? On a computer? Perhaps but I'd guess someone that dumb would never access iTunes on a computer.
Quote:
Originally Posted by Soloman
And exactly how would that person accidentally go to the wrong 'app store'? On a computer? Perhaps but I'd guess someone that dumb would never access iTunes on a computer.
There are a lot of Android users who also use Windows.
Cheers
Quote:
Originally Posted by Soloman
The difference being that 'The Room Store' doesn't sell rooms and 'The Running Store' doesn't sell runnings. The problem is not that the name is generic but too descriptive. You would probably not be able to trademark 'The Shoe Store'.
https://www.facebook.com/pages/The-Shoe-Store/65206411849
Cheers
Quote:
Originally Posted by malax
For those arguing that of course "App Store" is invalid, explain all the following trademarks:
The Room Store
Workday
Salesforce
The Running Store
It's easy to forget that before Apple created the App Store it was not generic. Nowadays it seems obvious and generic and presumably that factored into Apple dropping this issue.
I do find it amusing that Amazon chose or got stuck with "Appstore" instead.
You bring up a valid point. However, have any of these trademarks being challenged in court? What makes you so convinced that they will remain valid if contested?
Is it trademarked?
Quote:
Originally Posted by malax
It's easy to forget that before Apple created the App Store it was not generic.
It certainly wasn't a widely used phrase. Yet it would've been generic enough to be easily understood.
Years before the iPhone came out, if you had said to a fellow smartphone owner, "I just downloaded a Starbucks locator from an online app store", she would've known what you meant, and asked you which app store... the Palm Store, Brighthand, Handango, the J2ME download site, etc.
That's why it's what the USPTO calls a "merely descriptive" term, and why they have turned down every application through the years that only applied on the basis of the two words "app store" without any other argument.
Quote:
Nowadays it seems obvious and generic and presumably that factored into Apple dropping this issue.
It also didn't help that Apple CEO Tim Cook himself used "app store" generically in a quarterly call with the whole world listening in:
"We've got the largest app store ..."
"... iPhone's integrated approach is materially better than Android's fragmented approach, where you have multiple OSes on multiple devices with different screen resolutions and multiple app stores with different ... "
Those earnings calls are normally well rehearsed. He could've chosen another phrase, but he went with the generic form.
All that said, I think that if Apple had tried for "The App Store", they'd probably have a great case.
Can't speak for others, but I've learned something. I've learned that some assume the worst and dumbest from others so as to establish their superiority. Although I pity the soul that can be truly fulfilled thus, I do recognize that it's an easy trap to fall into. Every time you demean other people, it reminds me to resist following your example. Thanks for the lesson indeed, assodatur.
Nevertheless, it's amazing that it doesn't occur to u that u too present opportunities for others to label u as ignorant and idiotic, but we do not do so for the most part. What kind of person lurks behind your words? The answer is simple and makes many go blech.
So I'm gonna take a hike. U win, in a way that only u appreciate.