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Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'
41–50 of 78 posts
Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'
#42Apple 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…
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 ever be registered for the word "store" or for the word "application" and certainly not for "application store" (no trademark can be registered when all of its constituent elements are generic).
What about www.containerstore.com? Is there a principle in law that would permit The Container Store to defend their trademark while preventing Apple from doing the same with their App Store?
Not necessarily disagreeing with your take on the issue, just pointing out that this issue is grayer than you're making it sound.
Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'
#43Earlier 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.
You are overlooking the second part of this:
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.
It is not clear that the public identifies "app" as something from Apple only.
Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'
#44Earlier 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…
> Thus, for Microsoft, "Windows" eventually acquired secondary meaning in the world of computer software (but not as applied to window installation in the building industry). Others can freely use "windows" in most any category of goods or services they want in the building trades but, given that the term "Windows" is now exclusively associated with a product from Microsoft in that class, not in the class of computer goods to which "Windows" belongs.
Note that they can't/don't sue products like wxWindows, even though it refers to windows on computer screens, because it refers to the generic usage and not in terms of a OS. Thus they sued Lindows (and lost?) because it was an OS and with a similarly sounding name and settled.
Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'
#45Apple 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…
I wonder if Google App Engine (appspot.com) will be taken into account; they also have web store for apps in Chrome.
Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'
#46Earlier 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.
As long as they've not been SO successful, that consumers now consider "App Store" to be "The thing you get stuff for your phone from" where phone could be WinMo or Android or Symbian.
Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'
#47Earlier 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…
> Thus, for Microsoft, "Windows" eventually acquired secondary meaning in the world of computer software (but not as applied to window installation in the building industry). Others can freely use "windows" in most any category of goods or services they want in the building trades but, given that the term "Windows" is now exclusively associated with a product from Microsoft in that class, not in the class of computer…
Though they forced wxWindows to rename to wxWidgets.
Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'
#48Apple 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…
One problem Apple has is that Jobs has used the term "app store" to refer to non-Apple app stores. The point being that its such a generic term that even Apple uses it generically.
Source?
Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'
#49Earlier quoted context omitted.
One problem Apple has is that Jobs has used the term "app store" to refer to non-Apple app stores. The point being that its such a generic term that even Apple uses it generically.
Source?
"In addition to Google's own app marketplace, Amazon, Verizon, and Vodafone have all announced that they are creating their own app stores for Android -- so there will be at least four app stores on Android, which customers must search among to find the app they want,"
http://www.pcworld.com/article/222464/amazons_android_app_st...
Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'
#50'App' is short for application I guess that's the problem so Amazon should come up with their own shortened version I suggest 'appl'