Opinions - Amazon launches Appstore – Apple inevitably sues

[crossy]

Nope, you can't claim ownership of common/generic or obvious terms. App(lication) Store is an obvious and generic term for a store/shop which sells applications.

Agreed - but maybe they (Amazon) can follow the lead of one of the local companies and respin it as "App Mart" (shorter and therefore more "punchy"). Then we'd have an App Store, a Market Place, and an App Mart - all totally distinct.

I might regret asking this, but does anyone know whether Apple actually approached Amazon to ask them to desist from using the name, or did they go for the nuclear option of dragging in the lawyers first?

Given Apple's shoddy practises in the past, I suspect that the legal team was tried first.

Second question - I think I remember reading that Apple were trying to trademark/copyright the word "App" for their use. Is this the case, and how did that turn out?

[Funkstar]

As soon as you have a trade mark, you have to be seen to be defending it, otherwise you will loose it. This includes times like this when it is only similar. Apple clearly have a policy of litigation, I guess they need to give their in house law team something to do

[aidanjt]

Well the US Trademark office granted the trademark to Apple as far as I know..so at least in the USA, they have it protected.

The USPTO is so inundated with minutia, that they grant just about everything that comes across the desk and leave it to the courts to clean up.

[mrochester]

Nope, you can't claim ownership of common/generic or obvious terms. App(lication) Store is an obvious and generic term for a store/shop which sells applications.

You have to bare in mind that the term has only become common/generic because of Apple's ubiquitous use of the term. People didn't talk about app stores prior to this. It's very much like people referring to a vacuum cleaner as a hoover, or to a tissue as a kleenex.

[jim]

Try opening a fast food restaurant called Mack Donalds and see how long it is before you start getting some legal letters.

That's a great idea. I might change my name by deed poll to Mark Donald and go into business, just to see what happens

[Spud1]

Sadly there is even precedent for that kind of situation!

http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft

Crazy amount of litigation goes on..even against individuals that pose no commercial threat whatsoever

[jim]

Ah yes, I remember reading about that case now. Mind you, he did plonk soft on the end which makes it pretty clear he was trying to emulate the brand.