amazon app store

[zerogravityfat]

just went live this morning, and i got angry birds rio. damn this is even better than the seasons, and there are slots for all the months ahead, i am happy 

[AcidLameLTE]

I'm just going to have a look at it now.

Edit: Awww, it's only available in the US.

[PlaysLikeMyung]

apple is suing them over the name

[glaurung]

What are the apps for?

Edit: the 10 seconds it took to go to amazon for myself tell me it's for Android.

[RobD]

apple is suing them over the name

Which should do as well as someone being sued for labelling something "a grocery store". Fools.

[AcidLameLTE]

Yeah, they're suing Microsoft for the same thing.

[RobD]

Yeah, they're suing Microsoft for the same thing.

[tjanuranus]

Ok so do you guys have a problem with microsoft owning the name "Windows" because that's about as generic as it get's and that's a copyrighted name.

[tjanuranus]

so what's the difference between this and the android store?

[glaurung]

Ok so do you guys have a problem with microsoft owning the name "Windows" because that's about as generic as it get's and that's a copyrighted name.

People have been calling programs "applications" a lot longer than Apple has had iPhones.

[lordxizor]

This is why we have a court. Apple trademarked "app store" and now it's up to the court to decide if that term is too generic to trademark. You can't really blame Apple for trademarking the name since it apparently wasn't being used previously.

[tjanuranus]

Ok so do you guys have a problem with microsoft owning the name "Windows" because that's about as generic as it get's and that's a copyrighted name.

People have been calling programs "applications" a lot longer than Apple has had iPhones.

And before "windows" existed people had been using windows in operating systems for a long time!

[kári]

Ok so do you guys have a problem with microsoft owning the name "Windows" because that's about as generic as it get's and that's a copyrighted name.

People have been calling programs "applications" a lot longer than Apple has had iPhones.

And before "windows" existed people had been using windows in operating systems for a long time!

Microsoft does not "own" the word Windows in the way apple owns App Store though.

[webpoet73]

Ok so do you guys have a problem with microsoft owning the name "Windows" because that's about as generic as it get's and that's a copyrighted name.

People have been calling programs "applications" a lot longer than Apple has had iPhones.

And before "windows" existed people had been using windows in operating systems for a long time!

Microsoft does not "own" the word Windows in the way apple owns App Store though.

They were given a TM for App Store, they have to defend it or they lose it. 

[kári]

Well of course. Did I say they shouldn't?

[tjanuranus]

Apple Defends Against Microsoft in 'App Store' Trademark Dispute
Tuesday March 01, 2011 01:50 PM EST
Written by Eric Slivka
Back in January, Microsoft filed an objection to Apple's trademark application for the term "App Store", arguing that Apple had usurped a generic term for its trademark, causing confusion and difficulties for other companies seeking to promote their own application marketplaces.

TechFlash now reports that Apple has hit back at Microsoft in the dispute, arguing that Microsoft has failed to prove the generic nature of the term and takes a dig at Microsoft and its own work to secure "Windows" as a non-generic trademark.
In a none-too-subtle dig at its longtime rival, Apple points in part to Microsoft's own defense of one of its most valuable trademarks.

"Having itself faced a decades-long genericness challenge to its claimed WINDOWS mark, Microsoft should be well aware that the focus in evaluating genericness is on the mark as a whole and requires a fact-intensive assessment of the primary significance of the term to a substantial majority of the relevant public," says Apple in the filing. "Yet, Microsoft, missing the forest for the trees, does not base its motion on a comprehensive evaluation of how the relevant public understands the term APP STORE as a whole."

Apple response points directly to the alternative names used by other companies for their own application marketplaces as evidence of the non-generic nature of the "App Store" term, and notes that the company has taken steps to protect the trademark from becoming a generic term by reaching out to entities that have used it improperly.

The U.S. Patent and Trademark Office will now consider the case and determine to grant Microsoft's motion or allow the trademark case to go to trial for a final resolution.

https://www.macrumors.com/2011/03/01/apple-defends-against-microsoft-in-app-store-trademark-dispute/

[PlaysLikeMyung]

I hope they lose. 'App store' is pretty generic, when you consider that nobody is calling them 'applications'.

[ZBomber]

Nature should sue them for using "Apple" as their name.

[tjanuranus]

I hope they lose. 'App store' is pretty generic, when you consider that nobody is calling them 'applications'.

Ok but don't you think legal TM's should be protected?

[PlaysLikeMyung]

Did you miss the part about trademarking generic phrases?

Because obviously trademarks should be protected, but the issue is whether the trademark in question is too generic. I happen to think it is.

[tjanuranus]

ok but did you see what i posted about Windows? Apple complained about the same thing and lost so they figure if Microsoft can do it why can't they?

[PlaysLikeMyung]

Microsoft does not "own" the word Windows in the way apple owns App Store though.

[tjanuranus]

this is from the microsoft website...

Windows is a registered trademark of Microsoft Corporation in the United States and other countries.

https://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/Usage/Windows.aspx

https://www.trademarkia.com/windows-75879977.html



 Status Update! On Friday, March 11, 2011, status on the WINDOWS trademark changed to REGISTERED AND RENEWED.

On Wednesday, December 22, 1999, a U.S. federal trademark registration was filed for WINDOWS. This trademark is owned by Microsoft Corporation, Redmond, WA 980526399. The USPTO has given the WINDOWS trademark serial number of 75879977. The current federal status of this trademark filing is REGISTERED AND RENEWED.

Word Mark:   WINDOWS
Status/
Status Date:   REGISTERED AND RENEWED
3/11/2011
Serial Number:   75879977
Filing Date:   12/22/1999
Registration Number:   2463526
Registration Date:   6/26/2001
Goods and Services:   providing information over computer networks and global communication networks in the fields of entertainment, music, and interactive games; education services, namely on-line tutorials in the field of computers and computer software
Mark Description:   NOT AVAILABLE
Type Of Mark:   Service Mark
Published For Opposition Date:   4/3/2001
Latest Owner:   Microsoft Corporation
Redmond, WA 980526399
Why is this contact information displayed?
Mark Drawing Code:   Typeset (Words/letter/Number)
Design Search:   (NO DATA)
Register Type:   Principal
Disclaimer:    (NOT AVAILABLE)
Correspondent:   
William O. Ferron, Jr.
Suite...
701 Fifth Avenue
Seattle WA 98104
Related Tags:   providing   information   networks   global   communication   networks   fields   entertainment     music     interactive   games   education   services   
Classification Information
International Class Code(s):   041
US Class Code(s):   100, 101, 107
Primary Class:   Education; providing of training; entertainment; sporting and cultural activities.
Class(es) Status:   Active
First Use Anywhere:   1/26/1998
First Use In Commerce:   1/26/1998
 
The correspondent listed for WINDOWS is William O. Ferron, Jr. of Seed ..., Suite..., 701 Fifth Avenue Seattle WA 98104 . The WINDOWS trademark is filed in the category of Education and Entertainment Services . The description provided to the USPTO for WINDOWS is providing information over computer networks and global communication networks in the fields of entertainment, music, and interactive games; education services, namely on-line tutorials in the field of computers and computer software.

[glaurung]

I don't really care for Apple but it doesn't really matter. If they have a trademark on it then other companies shouldn't be using it. It doesn't really matter how generic it is. I can definitely see what PLM says about it being generic though.

[webpoet73]

Still in so many people's eyes, this would be not be an issue if it weren't for it being Apple that owns the TM.   They are the most hated tech company on this forum, so this should come as no surprise.

The Trademark office will have to determine if it is too generic or not.  Perhaps if they did something more specific like the Apple App Store, that would be much less generic.  I will say, if somebody just says "app store" i think of the iTunes App Store.  I would never think of the Amazon store. 

None of the other mobile OS's stores are called "App Store"  BB App World, Android Marketplace, webOS App Catalog, WP7 Market... It helps to differentiate yourself from the rest. 

[PlaysLikeMyung]

Here's my take on it:

"Windows" doesn't seem generic because it's means one thing: Windows operating system. Sure, you have windows in your house, but note how the word is used differently.

As stated before, app store is too generic because it's akin to trying to copyright 'grocery store'. An app store is where you buy applications. And multiple companies could use the term 'app store' to describe their marketplace, much like many different stores can use 'grocery store' to describe their marketplace.

other mobile OS's stores are called "App Store"  BB App World, Android Marketplace, webOS App Catalog, WP7 Market... It helps to differentiate yourself from the rest. 

I imagine a lot of those companies did so because they wanted to avoid such a legal battle with Apple, who will fight tooth and nail anyone who tries to step on their toes.

[lordxizor]

"Windows" doesn't seem generic because it's means one thing: Windows operating system. Sure, you have windows in your house, but note how the word is used differently.

Windows are also the windows that pop up on your screen when you open an application on your computer. These are not exclusive to the Windows OS.

[zerogravityfat]

amazon should name it 'appl store' short for application. i would love to see apple's face. 

[rumborak]

I think the main difference is that "Windows" just takes one aspect of the OS (the windows) out of context and uses it as the label for the OS. "App store" is a functional description, and that's where I would say you can't TM it, just as you can't (or shouldn't be able to) TM the phrase "low-pressure zone".

rumborak

[tjanuranus]

Apple actually had windows in their OS before microsoft did. Windows 1.0 didn't come out until 1985 where as mac OS was out before that and used a completely graphical UI with windows. See..



So apple could have called their OS windows also but didn't just as other people could have called their store App store but didn't. They both have TM's for it so why are people bitching about this?

[rumborak]

Because it's a different level of "genericness". As I said, "app store" is just descriptive, whereas Windows is not directly.

Apple will also have to fight against this: https://en.wikipedia.org/wiki/Genericized_trademark

rumborak

[lordxizor]

Pardon my ignorance, but was the abbreviation "app" common prior to the iPhone launching? If it was, I don't see how Apple has much a shot at winning this one. A common item followed by the word store seems like pretty much the definition of generic.

[AcidLameLTE]

Yes.

[tjanuranus]

ok now this is getting silly. I never heard people use the word "app" like they do know. People didn't refer to their computer programs as "apps."

[ariich]

tj, you're missing the point. I'm sure Apple could have a case to stop Windows and Amazon from naming their stores "App Store" but there's no way they can stop them from describing them as app stores, because that's what they are. Just like Apple can refer to the fact that they have windows in their OS, but wouldn't be allowed to name their OS "Windows".