In court battle, Amazon disputes Apple has exclusive rights to ‘App Store’

“Amazon.com Inc., responding to a trademark lawsuit by Apple Inc. over its use of the words ‘App Store,’ said the term is generic and denied that the iPhone maker has exclusive rights to the phrase,” Karen Gullo reports for Bloomberg.

“Amazon, the world’s largest online retailer, said it isn’t required to obtain a license or authorization to use “App Store” because the term is “unprotectable” and won’t be confused or unfairly compete with Apple’s App Store service, according to a filing yesterday in federal court in Oakland, California,” Gullo reports. “Amazon’s Appstore offering downloads of software for Android devices opened March 22.”

Gullo reports, “Apple’s lawsuit, filed March 18, should be thrown out and a court order confirming Amazon’s right to use the words should be issued, Seattle-based Amazon said. ‘Based on their common meaning, the words ‘app store’ together denote a store for apps, such as the app stores operated by Amazon and Apple,’ Amazon said in the filing.”

Read more in the full article here.

MacDailyNews Take: Come up with your own name, damn leeches.

Related articles:
Microsoft’s ‘Windows App Store’ images leak, look suspiciously like Apple’s Mac App Store – April 11, 2011
Apple expands their ‘App Store’ trademark in Europe – April 4, 2011
Apple targets Android porn store in ‘App Store’ trademark defense – March 23, 2011
Apple sues Amazon.com over ‘App Store’ trademark infringement – March 21, 2011
Microsoft seeks to dismiss Apple’s ‘App Store’ trademark brief because font is too small – March 9, 2011
Apple accuses Microsoft of hypocrisy in App Store trademark dispute – March 1, 2011
Microsoft files objection to Apple’s ‘App Store’ trademark – January 12, 2011
Apple awarded trademark for ‘There’s an App for That™’ – October 11, 2010

19 Comments

  1. I think apple has the right to tm this. My reasoning:
    Microsoft bs apple has always been the case if programs bs applications. App is short for applications. Microsoft never used applications in the past as a name for an executable program, so why should then now? App is short for application, which apple used fervently throughout their Mac os.
    If amazon and Microsoft want to use app store, they should just use application store.
    The end.

    1. agreed.

      Plus if App store is as generic as Amazon implies, the way Kleenix became a generic way of saying tissue, then where are all the other App Stores that transformed the word “app” into a generic term? You certainly won’t find it in the PC world which comprises what, 90 percent of the program-using world?

  2. Amazon has exclusive rights to the amaz store. Why is this not enough? They already have a good slogan: Get amazed at the amaz store. I think they’re being greedy.

  3. Enough of this nonsense. Aren’t they just words? Can Apple claim the word “store” as well. I mean that is the full name isn’t it? Like can Proctor sue for someone using Gamble in their name. I think the whole thing is just silly. I think all these suits and complaints just makes Apple look petty. They are too big for this nitpicking crap.

    1. The bigger you are, the more you have to nitpick. It’s really easy for things to get out of hand when you’re big and popular, so you have to stay on top of it. The reason Apple seems to get involved with so many lawsuits is because they have to. In order to keep their trademark, they have to show proof that they’re trying to protect it. Otherwise, someone could use it against them later and say “Well, you didn’t have a problem with it before…”

      Just because you think Apple has enough money doesn’t mean they shouldn’t stand up for what’s theirs.

    2. “Apple” is the name of the the company. Should they have been denied the use of Apple or computer as Apple Computer.

      “App Store” has been used by Apple Computer to denote a location where the products can be located. Just because the other 95 percent of the other cloners want to deni Apple a catchy name should not entitle them to say App and Store combined is out of reason.

      Why must these companies work so hard to copy a name and product with so little work on the own products and details. Create great products and come up with your own catchy names. This will build customer association by producing great retail presence or make them the next Walkman.

      Then again, I should have thought whom Apple is competing with. Maybe Dinosaurs could be the accurate word.

      Pulling for Apple.

  4. I don’t know but eh….. I have never heard of an “App Store” before Apple came up with it. Apple invented the name “App” as in “application”. If amazon, microsoft or even android for that matter want to use the words “App Store” for their mobile program stores they should HAVE FRICKING COME UP WITH IT FIRST! Or just use “Crapp store” since thats mostly what they sell anyway 😉

    1. Too true. ‘App’ came about after Apple used it to describe the applications for the iPhone/iPod. ‘There’s an app for that.’ Sure, maybe it was being bandied about by others- I never heard it but that don’t mean it didn’t happen- but Apple’s use of it made it household, if not on the map in the first place.

    2. 100% correct Apple used App Store!
      0% by cloners or pc’s or that jungle river!

      Let the Rule of Law confirm this for Apple ” the innovator” 🙂

      Get a Mac & Get ur Own names!

  5. Here’s the thing. When we think of an App Store, we think of it in the context defined by Apple. Before iOS, we might have thought it was a walk-in store with boxed software. Apple shaped our idea of an app store. In many cases they paid to shape that idea in the form of advertisements. They also paid employees to create this thing. Amazon is ridiculous to think that they should be able to use this for free. It’s not the name they should be paying for, it’s the name linked to the public’s understanding of what an app store is that is valuable. And Apple did all the work on making that understanding happen.

    And doesnt Amazon require licensing to use of “one click” buying. And doesn’t Apple pay to license that? I mean really “one” preceeding the word “click”. What an obvious combination of words. And yet Apple sees the value in licensing it because it promises their customers an easier way to shop. And because their customers already understand the value of the process that the name describes which is not 100% obvious. It’s one click to purchase without putting in credit card or shipping info. Valuable. Just like the App Store. Their is the value of public perception and understanding bought and paid for by Apple. Of course Amazon wants to use Apple’s street cred to the credit of their fledgling mobile application store for android applications.

  6. Brazil should sue “Amazon” for using a name that is unique to its identity. When we talk of Amazon we think of the Amazon rainforest and not confuse it as a store. The Brazilian government should sue “Amazon” trillion of dollars for misappropriating its natural treasure.

  7. Amazon = Ama Store

    As in “Ama” going to lose this battle with Apple….
    “Ama” coping you….
    “Ama” trying for that App Store name….
    “Ama” ADD…

  8. Take a look at a Windows machine (I know, the pain). The executables folder is called “Program Files.” The executables folder on your Mac is called “Applications.”

    Everybody wants to ape Apple. As always. They’re just having more trouble getting away with it these days.

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.