Amazon responds to Apple's 'baseless' app store lawsuit

By on Apr 26, 2011 at 3:43 PM
Legal April 26, 2011

Amazon on Monday issued its response in court to a lawsuit filed last month by Apple alleging that Amazon’s use of the term “Appstore” infringes on Apple’s “App Store” trademark. Apple’s suit looks to bar Amazon from using the term alongside its new Amazon Appstore for Android. In its response, Amazon called Apple’s claims baseless and insisted that “app store” is a generic term. Amazon even cited Apple’s recent quarterly earnings call, where Steve Jobs himself uses the term to describe Google’s Android Marketplace. “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,” Jobs said while criticizing Android on the call. “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.” Amazon has also filed a countersuit in which it has asked the court to dismiss Apple’s claim, order Apple to reimburse Amazon for attorney’s fees, and decree that Amazon’s use of the term “Appstore” does not infringe on Apple’s trademarks.

[Via GeekWire]

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  • serpentor

    Maybe Jobs will STFU after this. lmao

    • Skyy_flyer

      Jobs shut up? Really? Think on what you just said. That’s like saying the rivalry between Android and Apple fanboys will call a ceasefire.

      • Anonymous

        There might be a better chance of reconciliation between Palestinians and Jews.

      • Anonymous

        No, what he’s saying is that Jobs is using words to describe things generically when he insists those same words are a trademark of Apple. Which then means that maybe Jobs won’t be speaking so much in the future.

      • Anonymous

        People use the word “Kleenex” generically, too.

      • Anonymous

        But I bet the CEO of Kimberly-Clark doesn’t use it generically.

      • Anonymous

        Perhaps sarcastically, maybe. You don’t think Jobs was being sarcastic? As someone else pointed out, you can practically see the “air quotes”.

    • Anonymous

      Maybe you will STFU too cunt rag

    • Anonymous

      and maybe he;ll also give me $M .pp

    • http://www.droiddoes.com/ Norm

      LOL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Apple sucks

      • DeathTOdroidsexceptrobocop

        Lol!!!!!!! And u swallow^.^

    • Anonymous

      Maybe you will STFU after this. lmao

  • http://pulse.yahoo.com/_GP2WYAHXS6CRUREISWBGPUSUGE Michael

    Good for Amazon.

    *claps*

    Dear Mr Jobs,

    May the words you speak today be soft and sweet, for tomorrow you may have to eat them.

    sincerely, irony

  • defTwitch

    “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.”

    We [Apple] just happen to also censor the fun outta half the shit that would be put up on there… sometimes for seemingly no reason.

    We don’t care that you’re an adult and informed consumer. We’re apple… we know whats best for you and the product you purchased.

    • http://pulse.yahoo.com/_GP2WYAHXS6CRUREISWBGPUSUGE Michael

      Well said……

      …..well said indeed.

    • Anonymous

      Yes, why can’t I download malware??

      • defTwitch

        I said “informed”…

        If a friend of mine HATED learning curves and figuring things out when it came to technology… I’d welcome them to the world of the IPhone. This has happened before… they’re very happy… I won’t go so far as to say “ignorance is bliss”… but I did!!!

        I like to make my own choices… I run android…

      • Informed

        Every heard of jailbreaking? meathead

  • Anonymous

    man i am loving amazon more and more. first telling the record companies to piss off, and now telling jobs to kiss their collective asses.

  • Anonymous

    Way to go Amazon!!! They’ll do that Microsoft couldn’t.

    • http://pulse.yahoo.com/_QKLQNO7CKUJQSYSPBJ2IXHBW5M Robert Blum

      Sure, App Store is generic, but Apple used it first and made the term mean something concrete. Since Apple has always used it consistently(*), I think they have a case that there are plenty of people (not those reading this blog, obviously), that would be confused by the use of the term by Amazon. Indeed, Amazon won’t win this one because their use of a concocted word is an obvious play on Apple’s usage (I mean, why use it otherwise?), and as such has an added meaning of “my store is like Apple’s, but for Android.”

      (*) Even in the quote in the article, Job’s usage of App Store for Apple products verses an Android app store (lower case generic) is consistent. You can almost sense Job’s using wiggling two fingers on each hand to make air quotes when saying it.

      Believe me, I’d so like Microsoft to lose the trademark on Windows because it is so reprehensibly generic and “windowing” is used in so many computer applications (and was used before Windows existed), but it just won’t happen. And I hope Amazon wins the kerfluffle about their cloud locker scheme – the music industry is missing how much it will lower piracy and increase sales.

      Still, Amazon is getting great press out of this and if it because the Apps Market or some such, everybody will know what it is.

      • Anonymous

        Also, why call it the “Appstore” and not the “App Store”? Seems like a deliberate attempt to try to skirt around trademark law.

      • Anonymous

        Part of me thinks this is just an attention ploy. Take a hard-to-defend name that will garner lots of publicity, drag it out, and then finally change to it to “App Market” or something, and reap the benefits of all the media exposure.

      • Shanghai Dan

        Uhhh… Sage was using “Appstore” back in 1998. Sorry, Apple loses on timeline…

  • Anonymous

    Oh really, just tell CrApple to STFU.

  • http://www.moneymakingboy.blogspot.com Deepak Yadav

    hahaha even these words can ruin their business wow…………..

  • http://twitter.com/bc3tech Brandon

    Dear RIAA,

    Kiss our asses.

    Sincerely,
    Amazon

    Dear Apple Inc & Steve Jobs,

    Enclosed please find our letter to the RIAA.

    Sincerely,
    Amazon

    Dear Amazon,

    You.
    Guys.
    Kick.
    Ass.

    Sincerely,
    Society

  • Anonymous

    Looks like Stevie fucked himself on that one

  • http://twitter.com/MartinDoug Doug Martin

    Awesome, Amazon has my vote… You know if there were voting for something like this…

  • Anonymous

    Mixed feelings about this one. yes Apple’s suit is completely baseless and is just designed to inhibit competition, but at the same time.. part of me thinks Amazon deserves the extra BS for their one click shopping patent.

  • Anonymous

    Next up in news, Apple trademarks the word “phone”.
    Not to mention its Appstore for Android. How does anyone confuse that with an crapple product?

    • Anonymous

      You honestly believe that Amazon didn’t call it the “Appstore” to ride off the coattails of the much more popular and well-known “App Store”?

      • Steve Hillshire

        And what does that gain Amazon and take away from Apple?? Think about it before replying. SO WHAT if Amazon uses a name similar to Apple’s? Its not like they will be stealing Apple’s business that way because the apps they sell don’t work on iOS and vice versa. There is no profit loss here for Apple so it is going to be tough for them to reason that there was *any* malicious intent that damages their business.

  • Omar Little

    Serpentor’s comments are always as useless as a door knob on a tent. He is an ass jacket.

  • Anonymous

    People here really don’t understand trademark law. It doesn’t matter if individual words are common; think “Windows™”. Owning a trademark also doesn’t mean you own the word. You own the right to use the word in a particular trade; the purpose is to prevent consumer confusion and protect a brand.

    Apple needs to prove that they popularized the brand name “App Store”, and that such a term wasn’t in common use before. I’ve heard compelling arguments on both sides. If memory serves right, however, the term “app” wasn’t super common before the “App Store”, and when you hear “App Store”, you think Apple. Also, I’ve heard arguments that “App” is also a shortened form of “Apple”; I have mixed feelings about this.

    My point though is that saying it’s two common English words is not a powerful argument. It’s the combination of word(s) and a particular trade.

    A bigger question, I think, is why Amazon decided it needed to call it the “Appstore”. To me, it sounds like they deliberately combined the words to make a trademark suit harder, as the “Amazon App Store” would be pretty hard to defend. Why not just create your own brand, like “App Market”? It definitely seems like Amazon is trying to ride on the App Store’s coattails, which is, I believe, the exact thing trademarks try to prevent.

    • http://pulse.yahoo.com/_GP2WYAHXS6CRUREISWBGPUSUGE Michael

      Between all of the App Venues for Android, Windows, Apple, Nokia, and Palm there are not real outlets for people to name their platform…. i see where you’re coming from but it’s a long road to get there.

      • Jroc869

        exactly. its not fair to name something with such a vague name. If the first grocery store was name grocery store what the hell else would people do to be different. or car wash or bank or a million other things that have a name in front of it to differentiate and nobody is confused about those. apple needs to piss off

    • http://www.droiddoes.com/ Norm

      Who owns DROID?

      • http://twitter.com/stalkbrandon Brandon V. Fletcher

        George Lucas

      • Anonymous

        It’s a registered trademark of the Goofan (aka Apple Hater) Nation LTD.

      • http://pulse.yahoo.com/_GP2WYAHXS6CRUREISWBGPUSUGE Michael

        George Lucas owns it.

  • http://twitter.com/fyrfyter33 fyrfyter33

    This is almost as bad as when Motorola tried to Trademark the terms PTT and Push To Talk. Those terms had been in existence longer than Motorola had. They started with radio use, but since Moto wanted them to go with Nextel, they tried to Trademark them. I think someone should remove the rights of Apple to use a common fruit as a trademark, and even then a word that is a piece of fruit. Tell them they are responsible for renaming their company to something non fruit related, and also responsible renaming and rebranding every product out there. Then they can STFU for more than 2 days without a lawsuit.

    • Anonymous

      Apple doesn’t own the word “Apple”. They do own the right to use it as respects the computer industry, and other industries that they are in. Also, trademark law REQUIRES that Apple pursue any potential violators of any of their trademarks, or else they lose their trademark. Sheesh, if you don’t understand trademark law, don’t post like you do.

      • serpentor

        And wasn’t it Apple that went into the music business then there was an agreement in place that bars them from doing exactly that with the Apple name?

  • http://profiles.google.com/kingofdaydreaming Vu Luu

    hahaha… Apple tries to sue everyones nowaday no matter it is winning or not….personally I think Amazon would win in this case..

    • Anonymous

      You do realize that Apple is obligated to sue, not just for its shareholders but also because if they didn’t vigorously defend any and all trademarks they own, they could lose them entirely. That’s how the law works.

  • MG

    Although I do side with Amazon on this one I can see where our court system will side with Apple. Our Patent System is so jacked up they allow anybody to patent anything. So if something sound exactly the same although it is spelled differently or vise versa then in the eyes of our court system it infringed upon.

    • Anonymous

      It’s a trademark, not a patent.

      • MG

        You are correct, apparently had “patent” stuck in my head. Thanks for the correction.

      • Anonymous

        It’s an important difference, because trademarks are intended to prevent consumer confusion and protect a brand’s name value. I would say it’s closer to a copyright than a patent.

        “So if something sound exactly the same although it is spelled differently or vise versa then in the eyes of our court system it infringed upon.”

        Your statement makes the opposite point, actually. If something SOUNDS the same, and it’s in the same industry, it’s going to cause consumer confusion. I couldn’t enter the computer industry and call a product “WHINDOZ”.

      • Jroc869

        well what if you called it pendergrast whindoz would that be trademark infringement on microsoft windows?

  • Tiny Tim

    Sad that Apple has turned to bringing a lawsuit to make money. If sales are down that bad think of something new to energize the market. Every other day there suing someone new and usually the hand that feeds them.

    • Anonymous

      Yes, because they aren’t having record quarter after record quarter. Oh and it couldn’t possibly be because trademark and patent law REQUIRE you to defend yourself against potential infringement, or else you could lose your rights altogether.

      • Jroc869

        o get real. these companies pick and choose what they sue over. some things they let slide and some they file suit. its a big fat joke and somehow apple is always on the poo throwing side of these dumb ass lawsuits.nest thing you know one store is gonna sue another for calling itself a grocery store or maybe book stores will go at it. they arent calling it “the app store” or even just” app store”. they are calling it Amazon app store which should differentiate it from apples crap store.

  • Anonymous

    Goofans (aka Apple Haters) are for ANYONE, no matter who and if they are good or evil, that goes against Apple. YES, we are blinded by hatred, but, that passion makes us happy!

  • Matthew Drazin

    People need to learn to read up on stuff! Amazon silly 1 click patent and yet no one knows about it or comments about it. I believe the term app store shouldn’t be able to be used. It also makes amazon look like tools for there lack of originality. Yea the app store gets screened by apple but you also don’t need an antivirus for your phone and apple doesn’t have to go back and remove apps you paid for. Open source is fun really it is but for a major product it fails. Apples control has made the iPhone the number one phone sold of all time it takes 5 stoics to even come close

    • Roguefromnyc

      Lol. U must live in Cuba to think a company from which u are buying something knows what’s better for u. Hows Mr Castro’s health? Apples control. Lol u sheep

  • http://twitter.com/SonsofAres Sons of Ares

    Interesting: everyone cheering on Amazon will, in a few weeks, be booing them for whatever action they’ve just recently taken about whatever subject.

    They’re all frenemies and suing each other is the closest one comes to saying, “I love you.”

  • jobs does my laundry

    Next the letter “i” will be trademarked. Every time you say “I have to take a leak”, or “I don’t know”, Steve Jobs makes a dollar!

  • Lawyersaredicks

    This country sucks… this is why china will destroy us: we are busy bitching about stupid garbage and semantics and hyper-safety policies, while paying lawyers with just 3 years of post-grad work billions of dollars to “resolve” them with more rules. The cost is then reflected on consumers.
    In the meantime, other countries are getting work done. Pretty soon lawyers will only have themselves to sue. Idiots.

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