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Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

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Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#21

Post by staunch »

grellas wrote: post #15
alain94040 wrote: post #9

Earlier quoted context omitted.

"Windows" is a trademark ( http://www.microsoft.com/about/legal/en/us/IntellectualPrope... ), so how do you explain that? If windows is not a generic word, it must be because it's applied in a specific context (a window manager). So then, possibly an "app store" doesn't just mean a store on Main St, that happens to have applications on its shelves, but a novel concept worthy of a trademark?

Your question is a very good one. A term that is primarily descriptive cannot be registered as a trademark on the primary register with the USPTO. However, if a vendor spends a lot in advertising over a substantial time such that the public comes to identify the relevant term with one vendor and not as a primarily descriptive term, then that item is said to acquire "secondary meaning." Once a primarily descriptive te…

Apple has successfully promoted the heck out of name "App Store" and spent a fortune doing so. If that's the criteria they have a solid case.

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#22

Post by eoghan »

entrepreneurial wrote: post #16

Can't they just change it to App Market?

Both Apple and Amazon are run by two of the smartest businessmen in the world.

For Amazon's part, they're attracted to the phrase "app store" because:

a. due to Apple's efforts, the phrase has gained an amount of familiarity and also b. it's simply a good name.

If only Apple products have this "app store" thing, they have another unique offering. But if you can access an "app store" from any device, there's less incentive for the consumer to specifically buy an iPad (over a Kindle, for example).

For Apple's part, they know right well that they're pushing it by contesting their exclusive right to the generic phrase "app store". But for the reasons outlined above, it's very much in their interests to prevent others from using it and they have relatively little to lose by going to court to attempt to do so.

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#25

Post by Cococabasa »

Jabbles wrote: post #3

Could there be hope in arguing that "app store" is now a generic term for an online software shop?

Apple did the "App Store".

It reminds me of the Crayon story. Seems simple: wax drawing tool. But wooo! Crayola had to give up the name.

Personally, it's a tough call. They are all Crayons, they are all App Stores. Not sure what the solution is.

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#26

Post by Cococabasa »

Cococabasa wrote: post #25
Jabbles wrote: post #3

Could there be hope in arguing that "app store" is now a generic term for an online software shop?

Apple did the "App Store". It reminds me of the Crayon story. Seems simple: wax drawing tool. But wooo! Crayola had to give up the name. Personally, it's a tough call. They are all Crayons, they are all App Stores. Not sure what the solution is.

IT'S CALLED AN APPLICATION STORE, NOT AN APP STORE.

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#27

Post by halostatue »

grellas wrote: post #8

Apple is here making an ultra-aggressive attempt at a land grab in the world of application software. The mark granted to it is for "App Store". Under relevant trademark law, a mark cannot be registered if it consists solely of a generic or purely descriptive term. "Store" is generic. So too is the word "application" - which is commonly thought of as being what the word "app" refers to. Therefore, no trademark could…

Not to argue too deeply with you on this one—I think that the term wasn't in general use until Apple called it's store that; I certainly don't remember calling Handango or PalmGear "app stores".

Isn't the case of "aspirin" a bit different, though? It's still a valid trademark in Canada and the UK. My understanding is at the US government vacated the "aspirin" trademark in 1918 or so because Bayer is a German company.

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#28

Post by seanalltogether »

staunch wrote: post #21
grellas wrote: post #15

Earlier quoted context omitted.

Your question is a very good one. A term that is primarily descriptive cannot be registered as a trademark on the primary register with the USPTO. However, if a vendor spends a lot in advertising over a substantial time such that the public comes to identify the relevant term with one vendor and not as a primarily descriptive term, then that item is said to acquire "secondary meaning." Once a primarily descriptive te…

Apple has successfully promoted the heck out of name "App Store" and spent a fortune doing so. If that's the criteria they have a solid case.

Apple has been very inconsistent on their use of it though. Originally you just searched for apps in iTunes Store. Then I believe it changed to iTunes App Store. And now they have a Mac App Store. the other point is that apple refers to them as 'apps' in a generic sense and not something like 'App Store applications'

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#29

Post by recoiledsnake »

mambo69 wrote: post #17
grellas wrote: post #15

Earlier quoted context omitted.

Your question is a very good one. A term that is primarily descriptive cannot be registered as a trademark on the primary register with the USPTO. However, if a vendor spends a lot in advertising over a substantial time such that the public comes to identify the relevant term with one vendor and not as a primarily descriptive term, then that item is said to acquire "secondary meaning." Once a primarily descriptive te…

How did Facebook manage to acquire secondary meaning for the the name, when the term "face book" existed as a descriptive term for the exact same thing that sucker-borg created a variation of?

If Facebook sues people making face books, then you'll have a point. It's about co-opting naturally occurring words and then preventing people from using them to describe things naturally.

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#30

Post by mpk »

eoghan wrote: post #22
entrepreneurial wrote: post #16

Can't they just change it to App Market?

Both Apple and Amazon are run by two of the smartest businessmen in the world. For Amazon's part, they're attracted to the phrase "app store" because: a. due to Apple's efforts, the phrase has gained an amount of familiarity and also b. it's simply a good name. If only Apple products have this "app store" thing, they have another unique offering. But if you can access an "app store" from any device, there's less ince…

> a. due to Apple's efforts, the phrase has gained an amount of familiarity and also b. it's simply a good name.

+1 glad to see someone's paying attention :)

The term 'App Store' is being used by a lot of vendors operating in the cloud/mobile space. It's familiar and when you use it people have an idea of what the offering is.

If Apple can keep the association of 'App Store' an Apple exclusive that gives their brand more value. That's why they're going after a big company instead of a small one. If they can win this against Amazon they almost automatically crush all other uses of the mark by smaller companies.

If they lose they only lose a few million. That's not going to make a dent in their budget. Small risk / big payoff.

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