Apple drops 'App Store' lawsuit against Amazon, says no need to pursue case

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Comments

  • Reply 41 of 72
    rednivalrednival Posts: 331member

    Quote:

    Originally Posted by kharvel View Post


    Does this mean that someone can bring back Lindows?



    God I hope not.

  • Reply 42 of 72
    rednivalrednival Posts: 331member

    Quote:

    Originally Posted by Jessi View Post



    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. 

  • Reply 43 of 72
    mikejonesmikejones Posts: 323member

    Quote:

    Originally Posted by kharvel View Post


    Does this mean that someone can bring back Lindows?



    No. It has pretty much zero relevance to that.

  • Reply 44 of 72
    malaxmalax Posts: 1,598member


    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. 

  • Reply 45 of 72
    suddenly newtonsuddenly newton Posts: 13,819member
    Well, yeah.

    But of course they were going to win.

    Now we'll never know. It has ended.
  • Reply 46 of 72
    blackbookblackbook Posts: 1,361member
    What matters in the end is what Apple said, people know where to shop for the apps they want.

    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.
  • Reply 47 of 72
    lkrupplkrupp Posts: 10,557member

    Quote:

    Originally Posted by Mazda 3s View Post


     


    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.

  • Reply 48 of 72
    tbelltbell Posts: 3,146member

    Quote:

    Originally Posted by Mazda 3s View Post


     


    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. 

  • Reply 49 of 72
    tbelltbell Posts: 3,146member

    Quote:

    Originally Posted by Mazda 3s View Post


    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?"

  • Reply 50 of 72
    anantksundaramanantksundaram Posts: 20,404member
    stelligent wrote: »

    Can't decide which one of the two is more idiotic.

    You might actually learn something if you read #36 above. But I don't expect you will.
  • Reply 51 of 72
    frxntierfrxntier Posts: 97member
    agramonte wrote: »
    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".

    Shoosh.
  • Reply 52 of 72
    solomansoloman Posts: 228member
    malax wrote: »
    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'.
  • Reply 53 of 72
    solomansoloman Posts: 228member
    lkrupp wrote: »
    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.
  • Reply 54 of 72
    robin huberrobin huber Posts: 3,960member
    Amazon promptly opened its newly renamed "Official Apple App Store."
  • Reply 55 of 72
    minicaptminicapt Posts: 219member

    Quote:

    Originally Posted by Soloman View Post





    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


  • Reply 56 of 72
    minicaptminicapt Posts: 219member

    Quote:

    Originally Posted by Soloman View Post





    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


  • Reply 57 of 72
    e_veritase_veritas Posts: 248member

    Quote:

    Originally Posted by malax View Post


    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?

  • Reply 58 of 72
    solomansoloman Posts: 228member
  • Reply 59 of 72
    kdarlingkdarling Posts: 1,640member

    Quote:

    Originally Posted by malax View Post


    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.

  • Reply 60 of 72
    stelligentstelligent Posts: 2,680member
    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.
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