Hardware 2.0

Adrian Kingsley-Hughes

Apple sues Amazon over 'App Store' trademark

By Adrian Kingsley-Hughes | March 21, 2011, 4:37pm PDT

Summary: Wow! The courts have been busy over the past few days. Now Apple has sued Amazon over its use of the phrase ‘App Store.’

Wow! The courts have been busy over the past few days. Now Apple has sued Amazon over its use of the phrase ‘App Store.’

The focus of this complaint is Amazon’s as yet unopened Android App Store.

Amazon has begun improperly using Apple’s App Store mark in connection with Amazon’s mobile software developer program.

…

Amazon has unlawfully used the App Store mark to solicit software developers throughout the United States.

Court filings indicate that Apple has approached Amazon three times with a request that the company cease using the ‘App Store’ phrase. Apple claims that Amazon’s use of the term ‘will confuse and mislead customers.’

Poll

Will Amazon's use of the phrase 'App Store' confuse and mislead customers?

Interesting. Stay tuned for further developments.

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Apple Inc., Amazon.com Inc., Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

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Finally, I've seen the reason to all this Nonsense

MrElectrifyer Updated - 14th Apr 2011

It's the U.S.; crApple and a majority of Canadians believe that the U.S. is filled with dumbass c_ock suckers.
crApple feared that a majority of U.S. citizens will forget the right place to get their iDevice applications from, and hence bring a threat to the iOS platform, so, this was their solution to that problem happy

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It could confuse idiots which may disproportionally hit apples

Johnny Vegas Updated - 21st Mar 2011

cusotmer base, but in general no, this won't confuse anyone with average or better intelligence. Way to waste everyone's time and money apple... sheeesh

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RE: Apple sues Amazon over 'App Store' trademark

dave95. 21st Mar 2011

@Johnny Vegas

Say, what did you think of Microsoft's suing Linspire for the use of the word "Lindows"?

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RE: Apple sues Amazon over 'App Store' trademark

Rick_K 22nd Mar 2011

@Johnny Vegas
Now you know that is just not true. THere are more idiots that use Windows than any other OS.

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RE: Apple sues Amazon over 'App Store' trademark

tiderulz 22nd Mar 2011

@Rick_K ,
probably because there are more people period that use windows.

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina 22nd Mar 2011

@tiderulz

No. The demographic data are QUITE clear in this regard. In general, the mac demographic is more financially well off, and yes, smarter. This has been the case for QUITE some time
http://news.cnet.com/2100-1040-943519.html

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RE: Apple sues Amazon over 'App Store' trademark

jeverettk 22nd Mar 2011

@Rick_K
DeusXMachina,
Whatevs, dude, all that shows is that in spite of more Mac users studying Stats (instead of Calculus in pursuit of their Whatever of Arts), you still don't get the basics of how they work.

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina 22nd Mar 2011

@ jeverettk
Yeah, and given your literary genius I readily submit to your clear authority. Not.
FTR, I'll put my degree in neurobiology and neuroscience against whatever you have to offer.

Also, you don't use commas after parentheses. I know that, even WITHOUT a B.A..

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RE: Apple sues Amazon over 'App Store' trademark

jeverettk 22nd Mar 2011

@Rick_K
DeuchMachina, you're wrong again. Not that it matters, but if the sentence structure is such that the comma would be used even if there were no parenthetical, then YEAH, you DO place the comma after the parenthesis (cf. Chicago Manual of Style, MLA, etc.).

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RE: Apple sues Amazon over 'App Store' trademark

Fletchguy 22nd Mar 2011

@Rick_K
Nope anyone who owns an apple product is pretty much brain dead and will buy another with in a year because its thinner and shinnier lol apple users have no brains they do as dictator Jobs orders... How can apple sue or try to copyright app store. Can Piggly Wiggly sue Jewel if they hang a sign that says "Grocery Store" its a generic reference to an internationally generic reference. Its a store that contains groceries. app store is a generic term to mean a place to buy apps. Apple is soo over reaching with its greed to concour the world. so sad

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina Updated - 22nd Mar 2011

@jeverettk
First, why are you including Rick in this? Pay attention much?
Second, you might want to check the Chicago Manual of Style. It does NOT say that.
Third, and perhaps most importantly, even if it DID, your usage, "(instead of Calculus in pursuit of their Whatever of Arts), [sic]" IS parenthetical, and as such delineating the end of the parenthetical with both a comma AND a right parenthesis is both redundant, AND wrong.

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RE: Apple sues Amazon over 'App Store' trademark

SlithyTove 22nd Mar 2011

@tiderulz

"No. The demographic data are QUITE clear in this regard. In general, the mac demographic is more financially well off, and yes, smarter. This has been the case for QUITE some time
http://news.cnet.com/2100-1040-943519.html"

No doubt, but given the much higher price points that Macs sell at, even used ones, it's hard to be certain if this is because smarter wealthier people choose macs or because less wealthy people are priced out of them

It's a bit like saying that drivers of Mercedes are wealthier and smarter than the average driver of a Ford or Lincoln combined. Doesn't really mean much.

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LMAO!!!!! oh deusx...i wish you didn't go there...

SonofaSailor 22nd Mar 2011

@deusx

Really? you feel the need start bringing out credentials and initials? man, that's not necessary here, we really don't care that much, plus those that have to brag about how smart they are...usually, aren't. sad

Now, as to your 9 year old survery and article... you further show your intelligence trying to support your argument on technology using something that old. You don't think in 9 years time, that, oh...something might changed? I mean, we are talking technology here.

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RE: Apple sues Amazon over 'App Store' trademark

drayphly 22nd Mar 2011

@deusx
Stand at any Mac Store "Genius Bar" and you will see that Mac users are some of the stupidest people in the world. I have experienced it several times. Yes I agree they have more money, but more money doesn't make you smart. I have 4 Macs so I must be Einstein by your logic.. LoL

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RE: Apple sues Amazon over 'App Store' trademark

PollyProteus 22nd Mar 2011

@DeusXMachina

--> "In general, the mac demographic is more financially well off, and yes, smarter."

So where does Paris Hilton and all her financially well off friends fit? I ask this because truth be told, they're not very bright. Rich as all get out, but not very bright.

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RE: Apple sues Amazon over 'App Store' trademark

jeverettk Updated - 23rd Mar 2011

@DeusXMachina
Thx, no, I wasn't really paying attention to the autotext. Is this better?

COMS 16th Ed, 6.53: "When the context calls for a comma at the end of material in parentheses or brackets, the comma should follow the closing parenthesis or bracket."

Further, the function of the comma above is independent of the phrase in parentheses. In simple form it would read, "In spite of...studying stats, you still don't get the basics of how they work." It serves to link the prepositional phrase to the rest of the sentence.

Another example would be:
In spite of being a neuroscientist (nudgewink), you actually cognize via your rectum.

Well, this was...nice. Havvunizeday.

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina 24th Mar 2011

@ jeverettk
"COMS 16th Ed, 6.53: 'When the context calls for a comma at the end of material in parentheses or brackets, the comma should follow the closing parenthesis or bracket.'"

And your usage does NOT match that scenario. The comma in your usage marks the end of the parenthetical, which the parenthesis is also doing. It does not belong there. Period.

Another example would be:
In spite of being a neuroscientist (nudgewink), you actually cognize via your rectum.

And this example is a perfect one. You interject a parenthetical, and as such, the comma does NOT belong. It is NOT an example of the stated rule.
You just simply don't know what you are talking about enough to even understand your own quote.

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina Updated - 24th Mar 2011

@SoS
"Now, as to your 9 year old survery and article... you further show your intelligence trying to support your argument on technology using something that old. You don't think in 9 years time, that, oh...something might changed? I mean, we are talking technology here."

There are far more citations available. You are free to google it if you want.

And, no, we are NOT talkin technology here. You evince your total lack of a grasp on the topic by claiming it is. The topic is demographics and market distribution, something that does NOT change all that rapidly.

To start you off:
http://www.dutchdailynews.com/mac-users-smarter/

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina 24th Mar 2011

@ drayphly
"Stand at any Mac Store "Genius Bar" and you will see that Mac users are some of the stupidest people in the world."

Do any user consulting for Windows users, and you'll find the exact opposite. Hang around your local MS Store much? Talk to an MS Guru? Yeah, thought so.

"I have 4 Macs so I must be Einstein by your logic.. LoL"

Please quote ANY thing I wrote that uses this logic. How'd you do on the analytical reasoning section of the SAT? Did you even manage to find it?

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina 24th Mar 2011

@PollyProteus
"So where does [sic] Paris Hilton and all her financially well off friends fit? I ask this because truth be told, they're not very bright. Rich as all get out, but not very bright."

You do realize that this is not a valid argument right? Do I really have to post links explaining logical fallacies to you?

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Kinda like Exxon suing Shell for using "Gasoline Station"!

kd5auq 29th Mar 2011

@Johnny Vegas
Duh!

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All these lawsuits. Is this what the term

Mister Spock 21st Mar 2011

March madness relates to?
plain

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If you can't compete, steal ideas from Apple

edtimes 21st Mar 2011

How sad. It is very important that Apple sues everyone who tries to steal their ideas.

However, I find it terrible that Microsoft is suing Apple via their Imperium Holdings proxy. Why can't Microsoft compete without suing?

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Are you the Mike Cox from the alternate universe?

Mister Spock 21st Mar 2011

@edtimes

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RE: Apple sues Amazon over 'App Store' trademark

Stark_Industries 21st Mar 2011

@edtimes
I would be careful over the next parking ticket or speeding ticket you get. It's probably bogus and you were framed by Microsoft.

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RE: Apple sues Amazon over 'App Store' trademark

Rama.NET 21st Mar 2011

@Stark_Industries
LOL. grin

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RE: Apple sues Amazon over 'App Store' trademark

tonymcs@... 21st Mar 2011

@edtimes

Hmmm Apple having ideas rather than stealing them - which alternate universe was that?

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina 22nd Mar 2011

@tonymcs@...Certainly not yours.

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RE: Apple sues Amazon over 'App Store' trademark

mttsmth 21st Mar 2011

How do you trademark "app store"? That's like trademarking "grocery store" or "drugstore".

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RE: Apple sues Amazon over 'App Store' trademark

Peter Perry 21st Mar 2011

@mttsmth You don't just like the term Google is not protect able anymore App Store isn't protect able either...

In fact, this would be like Google trying to litigate because somebody else used the name Books.

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There was no widespread use of phrase "app store" before Apple; and even

DeRSSS 22nd Mar 2011

@mttsmth: .. more: the word "app" itself was not known in public much at all; people heard of "applications" only.

So there is nothing common with "drugstore" in this sence at all. So Apple's TM rights are **at least** no less justified than Microsoft's "Windows" TM.

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RE: Apple sues Amazon over 'App Store' trademark

Rick_K 22nd Mar 2011

@denisrs
more: the word "app" itself was not known in public much at all; people heard of "applications? only.

Microsoft still calls Applications ?Programs?. So yes there is a difference. There is no folder in Windows that is labeled Applications, or Apps.

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RE: Apple sues Amazon over 'App Store' trademark

dave95. 22nd Mar 2011

I already called for Microsoft to rebrand their store to "Microsoft Phone 7 Program Store, Series".

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RE: Apple sues Amazon over 'App Store' trademark

JaceMan 22nd Mar 2011

@denisrs I totally disagree. The word "app" is pretty widely known to the public. That's like suggesting that every time people shorten a word the whole world goes and gets confused. It's pretty obvious that "app" is short for application. And you don't have to use the forthcoming Amazon App Store to see that in the Android world. Just browse the current Google Android Market and read the reviews of all the "apps." You will continually see that the little term that most people are "unfamiliar" with is being used by virtually every one of them.

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RE: Apple sues Amazon over 'App Store' trademark

beckfordcomm 22nd Mar 2011

@denisrs It will be interesting to see how this case goes, but as for your claim, denisrs, that 'app' was not known in public much, at this point it may not matter. Once a term has entered common language use it can legally lose trademark protection. Trademark protection for 'Apple App Store'? Yup. Trademark protection for 'app store'? Not so sure about that claim.

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina Updated - 22nd Mar 2011

@ JaceMan

And the only people referring to executables as "applications" were the folks with macOS. Windows executables have NEVER been referred to as applications.
Besides which, you are wrong. The term "app" was not in common parlance prior to Apple's use, your revisionist claim notwithstanding.

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RE: Apple sues Amazon over 'App Store' trademark

jeverettk 22nd Mar 2011

@denisrs
Orly? Because I'm pretty sure the term app has been used in the title of popular books going back more than 10 years. For chtzngiggles, who can name one?

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina Updated - 22nd Mar 2011

@jeverettk

Saying it does not make it so. Besides which, macOS has been around since the early 1980s, and is the only OS that refers to its executables as "applications".
So what is your point?

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RE: Apple sues Amazon over 'App Store' trademark

jeverettk 22nd Mar 2011

@denisrs
"Saying it does not make it so." http://www.amazon.com/s/ref=nb_sb_noss?url=search-alias%3Dstripbooks&field-keywords=APP#/ref=nb_sb_noss?url=search-alias%3Dstripbooks&field-keywords=killer+app&rh=n%3A283155%2Ck%3Akiller+app

1st item: (c) 2000, thx for playing

Unix is older and the word application was used there ever since the distinction existed between utilities, OSes and apps.

The point: Common, purely descriptive terms are trademark fails, and case law continues to void the marks that don't follow this ever so simple rule.

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RE: Apple sues Amazon over 'App Store' trademark

SonofaSailor 22nd Mar 2011

@deusx

ever heard of MS Vista Aplication Compatability toolkit?

it's been around since 2006-7...so tell me again how Applications is an Apple only term?

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RE: Apple sues Amazon over 'App Store' trademark

BrewmanNH 22nd Mar 2011

@Rick_K
Every Windows version since at least Windows XP has several folders called Applications, such as Applications Data under every user profile, in fact it's in there twice, the other one is under Local Settings in XP.

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RE: Apple sues Amazon over 'App Store' trademark

SlithyTove 22nd Mar 2011

@denisrs

And the only people referring to executables as "applications" were the folks with macOS. Windows executables have NEVER been referred to as applications.

The exe wasn't but application has long been common parlance for a complete piece of software. The term short-hand for application 'app' has also been used in speech and text amongst tech savvy people for some time.

Apple has broadened it's use considerably though. They may be able to get away with preventing people from using the exact term App Store, but not, for example something like Amazon App Store. Probably for much the same reason that Bike Shop can't sue someone for naming their place Steve's Bike Shop.

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina 22nd Mar 2011

@jeverettk
First, why do you keep directing responses to other people? Pay attention. I am NOT denisrs or Rick_K.

Second, your link is COMPLETELY irrelevant. The term was used to refer to applications on the mac since its inception. Early 80s. Not sure about YOUR math, but by my calculations, that predates 2000. MS never did.
I'd say nice try, but that would be untrue.

Your stated point is also irrelevant, as:
1) Apple did not trademark "applications", they trademarked "app store, and
2) they were AWARDED said trademark.

Game over.

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina 22nd Mar 2011

@SonofaSailor
And Vista was just the next step in MS' co-opting of OSX's interface and terminology. Apple was using the term in 1984. MS certainly did not change to use this term to refer to application programs.

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina 22nd Mar 2011

@SlithyTove
"hey may be able to get away with preventing people from using the exact term App Store, but not, for example something like Amazon App Store."

Wanna bet?

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Wow, Deus, you really are brainwashed.

SonofaSailor Updated - 22nd Mar 2011

@deusx

First, you make it sound like Apple had app store since 1984. (um, hint: they didn't) Their computers back then ran applications, but so did everyone else's. Applications, Programs, software, whatever you want to call them, the terms ARE generic and interchangeable.

And, it wasn't just Vista, like someone else pointed out, Windows has had a Application Data folder since at least Win 98: Windows 98/Me: C:\windows\All Users\Application Data

Look, numbnuts, I know you think it's cool that Apple abbreviated a word, and you and your idiot friends had a cool buzzword to use... but that doesn't mean Apple created, invented it, owns it, or can trademark it. Ya know, just because Steve Jobs lights a match, he doesn't get credit for inventing fire.

People have been using the word app for quite some time before Apple's app store came along.

Good Lord, what next? Apple releases some catchy cloud word and you idiot ilk froth at the mouth about how Apple invented the cloud?

I bet you think Apple coined the term ios as well huh?

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina Updated - 28th Mar 2011

@SoS
Again, it is clear from your WHOLLY irrelevant comments that you do not have the first clue about patent law.

Debating the point is useless, when an empirical test is underway. Apple has a mark, the "App Store", which they will now defend. They will prevail. When they do, you will have lost the debate.

Wanna bet.

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RE: Apple sues Amazon over 'App Store' trademark

tknight@... 22nd Mar 2011

@mttsmth

How did Paris Hilton Trademark the phrase That's Hot???

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RE: Apple sues Amazon over 'App Store' trademark

Peter Perry 21st Mar 2011

Look, reality is, This whole integration into Android by Amazon is unsettling to Apple and they do not know what to do to compete with that... After all, it was a similar environment that took Apple to its knees back in the 80's and 90's.

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RE: Apple sues Amazon over 'App Store' trademark

DeusXMachina 22nd Mar 2011

@Peter Perry

Wow, way to totally misstate the market.

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RE: Apple sues Amazon over 'App Store' trademark

Captiosus 21st Mar 2011

Wow, indeed.

Apple needs to watch their Ps & Qs here. If this ends in Amazon's favor, Apple just handed Microsoft all the ammunition they need in their similar suit.

Personally, I hope Apple loses. Apple has been lucky enough to use the "App Store" designation for years, but it's a wholly generic term. It's a Store of Applications (Apps). Since applications, generally speaking, don't designate platform specificity, the terminology of "App Store" is, or at least should be, equally as neutral.