John Paczkowski

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Apple: Amazon’s Appstore Isn’t An “App Store”

May 20, 2011 at 7:36 am PT

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Though logic might dictate otherwise, when paired together the words “app” and “store” do not stand for any store selling software applications. They stand for one store only.

Apple’s.

In the latest court filing in its trademark dispute with Amazon, Apple argues that the “app store” mark isn’t generic, as the online retailer claims. “Apple denies that, based on their common meaning, the words ‘app store’ together denote a store for apps,” the company said in the document. That being the case, it follows that Amazon’s Appstore for Android isn’t an “app store.”

“Apple denies that the mark APP STORE is generic and, on that basis, denies that the Amazon Appstore for Android service is an ‘app store.’”

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Tagged with: Amazon, App Store, Apple

comments so far. Add yours.

  • http://www.facebook.com/bobsentell Bob Sentell

     I think Apple may be losing this battle.

  • Anonymous

    The question is – Did there exist an “app store” before Apple opened the Appstore?

    No. There did, however exist PCs before the IBM PC. And there did exits windows (both physical and GUI windows) before MS Windows.

    Many people use the term Kleenex for facial tissue, yet everyone recognizes that it is indeed a valid trademark.

    How would MSFT feel if Apple went around advertising “Mac OS – the original Windows OS and still the best!” ??

  • nick

     It is the same argument Apple has had with all issue’s of trade marking.

    When going against the Samsung Galaxy S and other phones for almost copying the Iphone, Apple’s argument was that without the Iphone would any look and do what they all currently do?

    Same with the App store, without it would there be an Amazon App store?

    I understand that argument, i actually agree with it. I think the real argument though is can Apple completely stop anyone from infringing on anything Apple related? 

  • Anonymous

    @facebook-724116992:disqus  ”I think Apple may be losing this battle.”I disagree. I think they have a good shot at this. Frankly, I think most any trademarking of common words is hooey, Apple is certainly in a better position than Microsoft was with “Windows”.There was no “App Store” before Apple. These guys are just trying to piggy back onto Apple branding and/or dilute Apple’s branding of the phrase. Really, the argument that “App Store” is generic just undermines their position. What company, tech or otherwise, wants to _really_ be considered offering something generic? If the phrase “App Store” did not already have value, they wouldn’t be trying to use it. The phrase only has value because Apple created the value.

    In reality, these guys probably feel the fight is as important as a win. If the argument itself can dilute Apple’s brand that is still a win for them. Too bad they can’t win by actually being creative and developing their own brand.

    Joe

  • Anonymous

    If that’s the case, then Windows and even Amazon are generic.

  • Anonymous

     To jfutral’s point (from an earlier post on this subject):

    Asthis Google Trend line shows, the phrase “App Store” didn’t enter the vernacular until 2008, right around the time Apple began popularizing it…

  • Anonymous

     To jfutral’s point (and from an earlier post): as this Google Trend line shows, the phrase “App Store” didn’t enter the vernacular until 2008, right around the time Apple began popularizing it…
     

  • http://www.tptbh.com/ AMAcloud.COM & AMAppSTORE.COM

    well, just call it AMAppZON or AMAppSTORE to avoid to pay $100 million to Apple after a LOST sue!

  • Anonymous

    What’s kind of frustrating for me (it would be more than “kind of frustrating” if I cared more) is that most articles and comments miss the point and argue irrelevance.

    Trademarks aren’t concerned with how common a words or phrase is, as can be easily demonstrated by how phrases like Nike’s “just do it” is trademarked.

    Now, if most of the reporters and nay sayers also argued about other trademarks and were really arguing that common words and phrases _in general_ should not be trademark-able, I would be right there with them. At least Xerox and Kleenex were never words before their creation (as far as I know, anyway). Microsoft’s complaint should be plainly hypocritical if not at least comically ironic.

    But to get upset or indignant about Apple doing what the trademark system already allows and approves is either/or both just hypocritical or just being an Apple hater, never mind ignorant. Neither is a strong position.

    Joe

  • Anonymous

    What I find as interesting is how the trend for “app” spiked at the same time.

    Joe

  • http://twitter.com/juvus juvus

     So when I say windows to do you the first thing that comes to your mind is any operating system that run on computers even Apple’s.  When I say Amazon you don’t think rainforest, but you think shopping online? Yeah you are fishing dude.

    Generic is something like fridge. When I say go get me something from the fridge, if you don’t have a Frigidaire at your house, no one is coming back and saying I couldn’t find the a Fridge in your kitchen, you only have a Kenmore. 

    App store is like a grocery store, a shoe store, a camera store, a retail store. these are names that describe what the store sells. App stores sell apps.  Safeway can’t trademark grocery store, payless can’t trademark shoe store, walmart can’t trademark retail store and apple can’t trademark app store. 

  • http://www.facebook.com/profile.php?id=703848523 Harvey Lubin

    “App Store” was not a “generic” term in 2006 when it was first registered as a legal trademark. At that time NO ONE ELSE used that term to describe their competing business.

    It’s only since then, and since Apple’s great success with their business, that others began referring to online software download services as “app store”.

    Now entered in our lexicon, “app store” has become a well-known generic description, just as other trademarks became “generic” AFTER the success of those businesses and products.

    Some examples of trademarks that are still protected, and at the same time have become “generic” are: Kleenex, Aspirin, Frigidaire, etc.

    The company name “Apple” is itself generic, but it is also a registered trademark. No other related business can legally call themselves “Apple”. But when Apple Inc. started selling music through iTunes, the company became competitive with Apple Corps (a defunct company started by the Beatles). Apple was sued successfully by Apple Corps, and eventually reached an agreement with them.

    In the same way, Apple is suing Amazon for using a similar name for their competitive business.

  • http://twitter.com/master_driver David L.

    Yeah.. this is a “Kleenex” case… kind of reminds me of Frappuccino (R) and other generic wording that someone has filed the rights of using them. 

  • http://twitter.com/master_driver David L.

     So much argument makes me think “App Store” does not even sound cool any more. Why not Android Store (and have the name registered before there is actually a store selling robots as a convenience store)

  • Anonymous

    And MS cannot trademark windows – it is the plural of window which is a generic word.

    When someone mention amazon I don’t online store I only see a mighty river or a woman warrior. Likewise when someone mention windows I see a hole in the wall.

    Just because you see what you want to see doesn’t mean we will do likewise.

  • http://randomsongoftheday.org Brian Burwell

    And that’s why other people can use the words Windows and Amazon. 

  • Anonymous

    It is true that Apple denies that the mark APP STORE is generic. I think all this matter are not for public discussion. This is their personal matter. 

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