Apple’s Battle for App Store Trademark Continues

By , Jun 12, 2011

One thing is certain in the tech industry: If you ever become more successful than others feel you should be, you become an instant target for a lawsuit. And with the way some companies are performing right now, patent and trademark law seems to be a safe bet for a business.

A particular case that has been highlighted recently is the court battle between Apple and Amazon. While the Cupertino company is known for their fierce legal team, they may have a tough time proving that the term “App Store,” is solely their property…

Back in March, we reported that Apple filed a lawsuit against the online retailer over the use of the “App Store” trademark used in Amazon’s developer portal. The Amazon Appstore for Android has since gone live.

Not only do they believe Amazon is violating trademark law, Steve Jobs and company are also nervous that Amazon’s lackluster software hub will give their App Store a bad name, literally. They filed a counter claim on Wednesday, once again asking the court to bar Amazon from using the term “App Store.”

Apple believes that the Amazon Appstore is an inferior service, and fears it will tarnish the the reputation of the well-known “App Store” moniker. They even outline some of its issues in the filing, noting weak security parameters and malicious apps.

Of course Amazon’s argument continues to be that the term “App Store” is generic, and can’t be owned by an individual entity. That would be like owning the words “birthday” and “hat.” If that were the case, then we’d have to worry about companies like Lodsys suing us for using them without a license. What a world.

Thoughts? Should Apple be granted sole ownership of the term “App Store?”

[MacRumors]

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  • Breno (Brazil)

    I agres that app store is a generic name. Its difficult to think of another name for a store that sales apps. I don’t think that it’s really necessary for apple to go to court because of it. Actually I don’t really think that someone will associate the amazon’s app store with the apple’s one. Apple has already its glory.

  • iYaSeeN

    I guess it is ridiculous to sue for this reason…

    I do not know how would be using this name bad for Apple?

    lack of….. bullshit.

    • http://www.Cornerstar.com Cornerstar31

      It’s because it is used on the inferior Android platform. Selling crappy CrapDROID apps, can really blemish your good name. Name one CrapDROID app that outperforms a iOS one. You can’t, because they are non-existent

      • Jon Garrett

        Notifications, which are now copied by apple and included in iOS 5.

  • Robzy

    Everything was called a “program” until apple’s apps took off. Now even microsoft calls windows programs “apps”.

    Whilst I agree to an extent that it is generic there are also other names which could (and in the past would) have been used such as software, programs, or even applications.

    Regards if everyone called their store an app store things will become very confusing.

    • Jon Garrett

      only a straight up dummy could confuse Apples App Store with Amazon or Google’s Appstore. if you have an iPhone 4 (which I do) I doubt very much that you would be browsing the Google Market Place looking for apps for your phone. and if you have a Samsung Galaxy Tab 10.1 (which I also have) you most certainly would not be trying to install apps with iTunes.

  • anon

    Steve Jobs in his own words in 2009
    “In addition to Google’s own app marketplace, Amazon, Verizon and Vodafone have all announced that they are creating their own “app stores” for Android. 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.”

    Everything was called a “program” until apple’s apps took off.
    It is generic term. I had a folder called Apps back in the MS-Dos days

    Now even microsoft calls windows programs “apps”.
    It is a computing term not a MS or Apple term.

  • http://www.poop.com iJack

    Well the term app store shuldnt be used… They could use app market, app mart, app bazaar or whatever

  • Bias

    Apple is like a bitch in this case.

  • http://monster86a.tumblr.com Michaelhernandy

    I think Apple definately should gain thr right to call theyre application store, but should they loose, call it some unique name relating only to Apple… ie: iApp store, Apple Apps Store, or somehow incorportate it in the iTunes store…

  • Braulio

    Apple is desperate to gain some money with this so they don’t have to spend much money on iCloud lol even so Apple is being a bitch/bully here because they’re basically saying that they’re the only ones that can call their application store the “App store”. I’m starting to not like Apple lately and I’ve loved apple products for a long time now :( it’s a shame.

  • Joseph Torraca

    How are they the same at all? iOS’ banner notifications are much better than crapDROID status notifications. The Notification center is way better on iOS because it is smoother and overall nicer. It doesn’t matter who made it first, it matters who did it better, which is Apple and iOS 5. If one person makes a chair, does that mean that anybody who makes a chair after them copied him, now does it. The person with the better chair will win.

  • Joseph Torraca

    Its too bad apple doesn’t need money. Apple could pay off 5% of the US’s debt and still have enough to buy 326K iPads and pay their workers for 4 years. Money is no issue for them. You are the one being a Bitch. iCloud only cost them $704 million of their $104 BILLION. Learn some facts before you post an ignorent comment.