Judge shoots down Apple’s ‘App store’ suit against Amazon

By on Jul 7, 2011 at 12:04 PM
Legal July 7, 2011

A U.S. judge has shot down Apple’s request that Amazon stop using the word “Appstore” to describe its mobile application marketplace. Apple originally filed a lawsuit against Amazon in March of this year arguing that Amazon’s “Appstore” infringed on Apple’s “App Store” trademark. Amazon immediately responded calling the claims “baseless,” and now the court has taken its side. “The evidence does show that Apple has spent a great deal of money on advertising and publicity, and has sold/provided/furnished a large number of apps from its App Store,” Judge Phyllis Hamilton, said. “However, there is also evidence that the term ‘app store’ is used by other companies as a descriptive term for a place to obtain software applications for mobile devices.” Hamilton argued that Apple’s use of the phrase “App Store” was “more descriptive than distinctive.” Microsoft and Apple are also fighting over the term — and Microsoft has said that the term “App Store” is “generic for retail store services featuring apps.” Apple’s case against Amazon is currently being heard by an appeals board.

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  • http://www.facebook.com/applelover Tim Meesseman

    I can see both sides of it… nobody even called a mobile application an “app” until Apple did it, so I understand why Apple wants to protect that. But I also see how it’s pretty generic.

    Seems like Apple would have had a better chance of coining the term “app” instead of “App Store”.

    • http://twitter.com/RobTheITguy Rob Rowald

      Really? I called them apps when i installed them on my palm, and windowsCE devices…

      • Steve Jenkins

        they had apps?!!? :s

      • Anonymous

        I remember shopping at Handango, but I don’t recall them being listed as “apps”. I think it was something more like “software” or “programs”.

        Especially since MS always called their software “programs” while Apple called them “applications”.

    • Anonymous

      Worddd?!? Wow! How old are you??

    • Anonymous

      I hate to break this to you but Palm had mobile apps long before the first iPhone.  Google Palm Treo apps.  What Apple did was make the term popular… but so what?

      • Anonymous

        I had a Palm m515, and I don’t remember them calling “apps”. I remember “software” and “applications”. Even Googling it, as you suggested, reveals sources older than 2007 calling them “applications/games”.

      • Anonymous

        Yes, what are “applications” if not apps? The point is Apple didn’t come up
        with the idea of mobile “apps”. To be asking courts to stop others from
        using the term is beyond silly but indicative of the
        crazy, litigious society in which we live.

      • Anonymous

        A trademark has nothing to do with an idea. It has to do what an idea is called.

        The term “app” was not used in the days of Palm in any common setting. 

        The argument then is whether “app” is a logical abbreviation of “application”; even then, Apple is not trademarking the term “app” but the combination of “App Store”. This is why the courts are involved, as both sides have logical arguments. 

  • Anonymous

    Fuck you apple you cant claim you own everything 

  • http://twitter.com/RDR0b11 David Ruddock

    Uh, the case isn’t over. This was a decision on a *preliminary* injunction – the judge isn’t “siding” with anyone, no judgment has been rendered. The case will go to trial in October 2012.

    • Flintchesthair

      Wow, someone who reads instead of vomiting partial information. Didn’t think I’d find that here.

  • Anonymous

    Er. I don’t think Apple has the right to patent it. Amazon could very well use it in advertising but to call your app store Amazon’s Appstore sounds kindah klunky.

    KFC’s Popeye’s!

    Who’s going to say “Oh you can get it at Apple’s App Store? NO their gonna say, get it at the App Store.

    I don’t know. I think Amazon and others wants to piggy back off Apple marketing–if Apple called it an App Shop, they’d want that too. App Market. App Shop, App Street, App-o-rama, Appmart.

    • Anonymous

      Especially since Amazon combined the words “App Store” into “Appstore”, which strikes me as being aware they might be infringing and trying to get away on a technicality. 

      • Anonymous

        The world revolves around technicalities…Casey Anthony anyone?

  • Anonymous

    Thank you, please slow down Apple’s tyrannical madness!

  • Anonymous

    Say “App Store” to someone, and see if they assume you’re talking about the iOS App Store. 

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

      With the free app of the day on Amazon’s site. It’s becoming synonymous with Android as well.

      • Anonymous

        So if I start a blog, call it BGR, and it gains in popularity, have I damaged the actual BGR, and created confusion, by using the same name? Yes.

        If I wanted an individual brand identity, I’d use something else. Amazon used “App Store” instead of their own name to piggyback off of Apple’s success. And yet fanboys are quick to stand up for Amazon, who can’t even come up with a new name for an app repository. 

      • Anonymous

        so childish, its competition and healthy one too

        apple needs to focus on actually bringing their new phone instead of suing someone else every day

        and they are not piggybacking, app store is garbage(apple one) they named it on grounds of describing what it is, which is pretty monotone

      • Anonymous

        What would you name a new “store” that sells “apps?”

      • Anonymous

        @jpatlee:disqus App Place? {insert OS name here} store? App Market? App Shop?
        There’s thousands, even if you include the word “App” in there. 

      • Anonymous

        “Place” doesn’t mean a place where you can buy things.  ”Market” is already used.  ”Shop” is your most sensible suggestion to date.  ”Repository” is reprehensible.

      • Anonymous

        Nonsense.  Amazon used the name “app store” because that is what it is, a “store” that sells mobile “applications”.  Further, “app store” is not in any way synonymous with Apple.  iTunes is.

        Finally, why would you want to call your site BGR?  This BGR sucks, why piggyback on something that sucks?

      • Anonymous

        @really8888:disqus So calling my site BGR would be piggybacking off of an existing site?

      • Anonymous

        “So calling my site BGR would be piggybacking off of an existing site?”

        Yes, it would.  It would also be dumb because, as I suggested, BGR as a website sucks.  That aside, you understand, BGR is the actual legal name of this website, right?  The reason I make this assertion is your analogy is flawed.  Amazon didn’t call its app store the “Apple App Store”.   

      • Anonymous

        @really8888:disqus That’s the thing. Apple didn’t call it the “Apple App Store” they just called it the “App Store”. And in Apple can’t trademark that, then what are trademarks for? Windows is quite generic, seeing as it’s an OS with (you guessed it) windows. 

      • Anonymous

        I didn’t say Apple did call its store the Apple App Store.  I said your BGR analogy was flawed because BGR is the legal name of this website.  Using it to “piggyback” would be illegal.  That said, “app store” is merely descriptive.  Amazon did not use the Apple app store logo or anything else to tie it to Apple.  It would be hard to make the case Amazon was trying “piggyback” on the Apple app store.

      • Chrisakers9

        So I suppose the Beatles could have the same bitch over the term Apple.. or did Steve Jobs invent Apple records too? What a joke.

      • Anonymous

        Did the Beatles make computers?
        Didn’t think so.
        But Amazon is distributing Apps, using the same name as an existing store that sells products in the same category. 

      • Chut Pata

        Umm.  When Jonathan Geller started this blog under the alias Boy Genius, Jimmy Neutron’s creator did not sue him saying, “Hey Boy Genius is a copyrighted name for Jimmy Neutron”.  His claim would have more merit as everyone knows Jimmy Neutron as Boy Genius, only a handful of geeks like us know Jonathan Geller as the other Boy Genius.  In future when androids will become a reality, and someone opens a store to sell androids, would Google sue them if they call it an “Android Store”?

      • Anonymous

        How are you not getting this?

        Jimmy Neutron was a CARTOON. This is a TECH BLOG. 

        The App Store is a place to buy apps, and the App Store is a place to buy apps. 

        Now, tell me which one in the previous sentence sells iOS Apps, and which one sells Android apps. Do you see what Apple means when they say that the name Amazon has chosen will cause confusion? That’s the point of this lawsuit. It’s not some ego booster, it’s to avoid causing confusion and maintain brand identity. The only reason to go with “App Store” is to piggyback off of Apple’s success.

      • Chut Pata

        Umm.  When Jonathan Geller started this blog under the alias Boy Genius, Jimmy Neutron’s creator did not sue him saying, “Hey Boy Genius is a copyrighted name for Jimmy Neutron”.  His claim would have more merit as everyone knows Jimmy Neutron as Boy Genius, only a handful of geeks like us know Jonathan Geller as the other Boy Genius.  In future when androids will become a reality, and someone opens a store to sell androids, would Google sue them if they call it an “Android Store”?

    • Anonymous

      Say “apple” to someone and see if they’re assuming you’re talking about Apple, Inc. Not the greatest argument, bud. The term “app” has been in use long before Apple made it popular. They feel they can get away with the silliest things and it’s people like you that rule in favor of their ridiculous claims. They were recently granted a patent on separating interaction within a window of a browser from the browser itself, crap that’s been done on desktops for years and they copied it over to the mobile space. Nothing innovative. They’re a bunch of douchebags! “We can copy elements of Android and WebOS, but no one can use a stupid generic name we magically came up with!” Hell with that mentality and hell with all the idiots allowing them to do it.

      • Anonymous

        So the word “app” has been around, so Apple has no right to it?
        Can’t the same be said of “Apple”, “Windows”, “Android”, and many more?
        And seeing as Android and WebOS were built on the foundation that Apple laid out, I’d say that borrowing ideas is quite commonplace across the board. One thing Google and Palm had the sense to do? Create their own branding for their app repositories. 

      • Anonymous

        LOL @GregsTechBlog for calling them “app repositories.”

      • Anonymous

        Let me try and break it down in a way you can understand:
        When you refer to Apple, Windows and Android, you’re referring to a tech company, a software company and an operating system respectively. When you refer to app, you’re referring to an app (or application). You’re calling it what it is and trying to keep others from using it. That’s like naming my pizza shop “Pizza shop”, “Pizza store” or “Pizza place” or anything to that effect and getting mad at others for using it. Common sense dictates (or it should, at least) that you can’t trademark a generic name like “App Store” which is essentially EXACTLY what it is! Then again, common sense isn’t common…

  • Anonymous

    in my nelson voice….HA HA!

  • Anonymous

    Does no one here understand that, according to U.S. trademark law, if you file for a trademark you are REQUIRED to defend it or risk losing the trademark entirely?

    Right or wrong, Apple filed for the trademark, and they owe a duty to their shareholders to protect any possible intellectual property. 

    And like you wouldn’t defend it if was you. What if you opened a restaurant called “Bob’s Burger Shack”, it became super popular, and you spent money filing for a trademark. Then someone opens another store across the street called “Chris’ Burgershack”. Would you not try to defend your potential mark?

    • Anonymous

      Would you trademark something as vague and broad as “app store?”  

      • Anonymous

        If you’re launching a successful product or service, it would be prudent to try to get trademarks on everything you can. 

        And “app store” being generic is debatable. Which is the point of the court system.

    • Anonymous

      Your parallel fails in that “app store” is not unique. This isn’t a McDonald’s/McDowell’s situation (shoutout if you know what that’s from).

      I do understand that you can defend it or lose it… or just license it to be used. The real PR coup would’ve been to try to give everybody free licenses to use the name app store, and then create a commercial saying everybody had to ride your jock to call their stores by the same name.

      • Anonymous

        Coming to America FTW! love that movie

      • Anonymous

        It’s not unique in your opinion or this judge’s opinion. But there’s still the appeals court.

        It may end up not being unique, the same as “Burger Shack might not be unique. But Apple owes their shareholders the duty of trying to protect any potential intellectual property, and I’m sure you would do the same had you been the one to launch the successful “App Store”.

        Plus, I mean come on, use some common sense. You KNOW Amazon used the term “Appstore” because it got free publicity and everyone instantly knew what it was based on the popular “App Store”.

  • http://www.facebook.com/tortillaman Nicholas Guyadeen

    The Judge Probably uses the Amazon AppStore. LOL :p

  • Anonymous

    They [Apple] should change the name of their market to Apple Sauce Factory. Then, of course, file suit against Mott’s.

    • Zac Caslin

      Did you think of that all by you’r self?

  • http://twitter.com/mnguyea David Nguyen

    My god. I’m sure Apple would have it believed they created the world in 7 days also if they could and people would believe it. Apps has been around since the days of Palm and unlike what said they were the first smartphone with ‘apps.’  I do have to give them credit for making it a household word and therefore everyone remembers that. As for the confusion. First, I rarely use the Amazon App Store and when I do tell people, I tend to say, ‘Amazon App store.” 

    But then I’m sure I can see how people can be confused when I’m talking to another person with an Android phone telling them to install iOS apps. Its called common sense people. Seems like it is lacking a bit lately.

    • Anonymous

      A trademark has nothing to do with the device. It doesn’t matter that what applications/software were available since Palm and are now available for iOS and Android… the trademark refers to what its called.

      Handango, the largest “app store” called them “Applications/Games”. I remember using it on the Palm m515. 

  • http://twitter.com/pablostation8 pablostation8

    HA HA HA!!

  • Fredd0

    i was saying appz, warez, vidz looong before the app store…
     

  • http://twitter.com/jimmiekain Jimmie

    ha ha!

  • Anonymous

    Well I can see Apple’s point of view and can’t really blame them for trying, but I honestly believe the judge ultimately made the right decision

  • Yep@live.com

    This is a true story of my days of selling Palms in 2003. A guy ask me a question about my the palm do handwriting on the screen. I say to him, you can get the apps at Palms website. He says, hhmm??? I knew the oldguy was lost. I honestly remember clarifying myself by saying ‘applications’ are bought on online and the light went off.

  • http://integrityfinishes.net San Antonio Painter

    The term is part of the culture now. Apple needs to get a grip.

  • Efun4me42

    It would be more apt (rather appt?) that way.

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