Apple: App and store do note denote a store for apps

Bateluer

Lifer
Jun 23, 2001
27,730
8
0
http://www.androidpolice.com/2011/0...tore-for-apps-apple-no-really-they-said-that/

Apple denies that, based on their common meaning, the words “app store” together denote a store for apps.

- Apple, Inc., 2011


Open mouth, insert foot.

Amazon is saying that (I’m definitely paraphrasing here) it would be an act of monumental stupidity to allow Apple to control that phrase, and I tend to agree. By showing the phrase is in common use, that it is generic, and that Apple has made no previous attempts to protect it from would-be infringers, Amazon wants the court to invalidate Apple’s trademark as unenforceable with a declaratory judgment. That is what Amazon is counterclaiming (suing back in the same lawsuit) against Apple for.
 

Oyeve

Lifer
Oct 18, 1999
21,914
821
126
Wow, what a bunch of 'tards. Pretty soon lower case "i" will be trade-marked. I have been using app for over 25 years in IT. Maybe I should sue apple.
 

Anubis

No Lifer
Aug 31, 2001
78,716
417
126
tbqhwy.com
sorry but that's EXACTLY what "app store" stands for

drugstore = store for drugs
hardware store = store for hardware
app store != store for apps
WTF??? yeah, good luck with that argument there
 
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akugami

Diamond Member
Feb 14, 2005
5,655
1,849
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Wow, what a bunch of 'tards. Pretty soon lower case "i" will be trade-marked. I have been using app for over 25 years in IT. Maybe I should sue apple.

To Joe Public the term "app" is new to them. Prior to Apple's popularization of the term, most people not tech oriented use application, software, and program. I've been messing with computers and overclocking them when you needed to mess with jumpers and quite honestly I don't recall anyone ever calling a software application an app. It's either a piece of software, application, or program.

With all that said. App store is such a generic term and should be disallowed as a trademark. Just like windows (even as it pertains to GUI's) is such a generic term it should be disallowed as a trademark. It's a bit of douchebaggery but if Apple wins, they potentially have a very powerful marketing term that is theirs to use exclusively. That's their upside.

The downside is they lose a lot of money fighting this and they don't endear themselves to the techie crowd but I'd argue they've never been that big with the techie crowd. The money is probably pocket change to them considering the billions they've got banked. And Joe Public doesn't give a crap and will forget about this issue in three days regardless of how it shakes out.
 

gsaldivar

Diamond Member
Apr 30, 2001
8,691
1
0
I find it particularly amusing that excerpts of Steve Jobs' own speeches are filled with numerous cases of generic use of the term "App Store" that would provide a basis to invalidate the very trademark they are trying to protect:

“So there will be at least four app stores on Android, which customers must search among to find the app they want and developers will need to work with to distribute their apps and get paid. This is going to be a mess for both users and developers. Contrast this with Apple’s integrated App Store, which offers users the easiest-to-use largest app store in the world, preloaded on every iPhone.”
 

shabby

Diamond Member
Oct 9, 1999
5,779
40
91
They're somewhat right, i mean does the apple store sell apples?
Granted apple is the name of the company, so in this case 'app' would have to stand for something other than an actual application, good luck to apple trying to explain what app in the 'app store' actually means.
 

senseamp

Lifer
Feb 5, 2006
35,787
6,195
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Amazon is enjoying the free publicity for their Appstore from Apple's lawsuit.
 

gorcorps

aka Brandon
Jul 18, 2004
30,738
450
126
Wait... so what they're saying is that the (now common) name "app store" was intended to be short for Apple Store and we've been completely wrong about it being short for "application store"?

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