by Mike Masnick

Filed Under:
app store, steve jobs, trademark

amazon, apple

Amazon Uses Steve Jobs Words Against Him In App Store Dispute

from the app-store-me dept

You may recall that Apple has been trying to convince the world that there can be only one "app store," first by suggesting it really means Apple Store and then by suing Amazon for its own app store. Amazon has now responded to the lawsuit by using Steve Jobs own words against him:
In 2008 Apple launched its app store, which allows a consumer to view and instantly download apps for their Apple devices such as the iPhone, iPad, and iPod. In press releases, Apple has claimed that its app store is "the largest application store in the world." In October 2010, Apple’s CEO Steve Jobs called Apple's app store "the easiest-to-use, largest app store in the world, preloaded on every iPhone."
That certainly sounds like Apple and Jobs admitting that the term is generic. To further support its own position, Amazon notes to some linguists as well:
The American Dialect Society, a leading group of U.S. linguists, recently voted "app" as the "Word of the Year" for 2010, noting that although the word "has been around for ages," it "really exploded in the last 12 months" with the "arrival of 'app stores' for a wide spectrum of operating systems for phones and computers." Indeed, the words "app store" are commonly used among many businesses competing in the app store market.
It certainly looks like Apple may have a difficult job convincing anyone that app store is not generic.

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  1. identicon
    danielz1, 27 Apr 2011 @ 12:09pm

    be consistant

    Apple popularized the term App Store... why not let them have it?

    But let's say that terms that were very generic are not allowed to be used as a trademark. I would be all for that. But the issue is that companies get Trademarks on already used terms... such as windows. Windows was used widely in the 'real' computing industry before Microsoft belatedly tossed their hat into the ring.

    And they got what? Windows as a Trademark. Why? Because someone was really dumb and asleep at the Trademark office, and perhaps because a far-behind the curve company needed a way to make itself stand out... what better way than using a already popular term?

    Then... we have SQL as an existing name. And Server as an existing name. Why not, when you find yourself behind the curve, yet again, use two (2) common and widely used names (please note that these names were also widely used together as well), to try to capitalize on generic terms?

    If you can not argue with structured thoughts, please, at least argue with consistency.

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