Apple Sues Amazon Over App Store Moniker

| News

Apple isn’t keen on Amazon’s use “App Store” in its own online store for Android-based apps, so it’s taking the online retailer to court. The Mac, iPhone and iPad maker filed a lawsuit against Amazon on March 18 alleging the company “unlawfully used the App Store mark to solicit software developers,” according to Bloomberg.

Apple v AmazonApple sues Amazon over “App Store” name

Apple’s filing in U.S. Federal Court in Northern California claims the company contacted Amazon over the use of “App Store,” but never received a “substantive response.”

“We’ve asked Amazon not to copy the App Store name because it will confuse and mislead customers,” commented Apple spokesperson Kristin Huguet.

Amazon’s brand new Appstore for Android offers apps for smartphones and tablets running Google’s Android OS, and is currently featuring Angry Birds — an app that first gained wide popularity on the iPhone through Apple’s App Store.

Amazon hasn’t commented on Apple’s lawsuit.

Sign Up for the Newsletter

Join the TMO Express Daily Newsletter to get the latest Mac headlines in your e-mail every weekday.

20 Comments Leave Your Own

Bosco (Brad Hutchings)

I installed it on my Nexus One today, and got the daily freebee, Angry Birds Rio.

I’m not really confused, as the spokeshole suggests. I know I’m buying software from Amazon for my Android phone with not a penny going to Apple. It’s a very positive experience. I can see the potential for confusion among many iPhone users when they realize that they can’t buy software from a third party. That’s gonna sting.

I can’t wait for Amazon to extend this to desktop software as well. The desktop is not dead, and app stores are not a bad idea. App stores run by the hardware/OS vendors that are exclusive or baked into the device are problematic.

RonMacGuy

Passive-aggressiveness in full force today, eh Bosco?!?!?  Good stuff!!

Missed your comments on all the iPad 2 sales “kicking butt and taking names” articles.  Where have you been?

Bosco (Brad Hutchings)

So now pointing out flaws in the One True Ideology is passive aggressive. You have nothing substantive to argue in favor of your cult. Classic.

GardenGuy

A Grandma in Iowa is reportedly being sued by Apple for infringing on their attempt at world language domination by selling an apple pie at her church bake sale. Apple claims that the woman put a sign on the pie indicating it was Apple and that was “likely to confuse and mislead consumers as to whether the woman’s pie was sponsored or approved by Apple”

The family that bought the Apple pie is being investigated as to their involvement or alleged support of the accused pie seller.

More on the continued abuse of common language to follow…..

RonMacGuy

Just your methods, Bosco. Using terminology likes “spokeshole” and whiny stuff like “not a penny going to Apple” just shows your lack of maturity and your hatred of all things Apple. You are so much more “One True Ideology” when it comes to android than most of us here are toward Apple. That’s what is so hilarious about you. I point out your passive-aggressiveness (look it up if you don’t understand what it means) and you immediately come back with more Apple insults and how I have nothing substantive to argue. Now THAT is classic!!

Bosco (Brad Hutchings)

Nothing passive aggressive about it. I just continue to laugh at (not with) how people like you continue to defend Apple’s walled garden as it loses market share and relevance.

A couple of innovations of Amazon’s Appstore…

1. You can try software out for 30 minutes in a web browser, thanks to a Flash/Java/Amazon Web Services mashup.

2. Amazon sets the price and guarantees developers 20% of their SRP, even if Amazon gives the software away. If you’re a developer worried about the race to the bottom, giving the retailer more flexibility to respond to price signals will get things to stable price points quicker.

RonMacGuy

I am glad you are pleased with Amazon’s innovation. Not really relevant to the article at hand which has to do with Amazon’s use of the term “App Store”, but OK.

Let me help you to write a non-passive-aggressive response. This would help you to not come across as an Apple hater and troll. I will rewrite your original post for you so that it may help you to not be so offensive.

“I installed it on my Nexus One today, and got the daily freebee, Angry Birds Rio.

I?m not really confused, as the spokesperson suggests. I know I?m buying software from Amazon for my Android phone. It?s a very positive experience. I can see the potential for confusion among many smartphone users who may not understand the difference between Apple’s app store and Amazon’s app store.

I can?t wait for Amazon to extend this to desktop software as well. The desktop is not dead, and app stores are not a bad idea. In my opinion, app stores run by the hardware/OS vendors that are exclusive or baked into the device may be problematic.”

mhikl

The mouth of spiel has been so quiet lately, finally realising that all its predictions of Apple chaos and lost opportunities refuse to come to fruition and that He is become the butt of merriment on and off line. Sort of reduced to pulling wings off flies for a pastime now that Android and Google can’t produce actual working replicants what with all the lost mail and the infected malware his kind like to produce in their lonely hours.

Maybe he gets the heebie jeebies when he tries to visit Android forums, a desperate sinkhole of whiners and hand-wringers who bought eXooms and can’t understand why their knockoffs don’t work as well as the original. Their forums are wet-your-pants hysterical zoos of good times.

A bunch of us were enjoying the hot tub after a riotous stag party for a bud who’s a psychology major. Lonely heart’s name came up and diagnoses were tossed about. Classic case of hebephrenia was the final diagnosis.

Empathy and pity were sounded. The tormented soul whose dreams and predictions are figments of desperate threads of reality held futilely by a wisp of dimming hope cannot be a happy world to inhabit.

Ron, you are a kind man. Try to be more understanding. Try to have the care in your heart a party of guys came to realise whilst soaking in hot waters under the stars in the early hours of a chilly March morning.

mhikl

GardenGuy, donations are being solicited on Facebook to assist the gran on whom Apple has set its sights. The family, whose name is being withheld as there are minors involved, has taken the underground railway to Canada. There the family will be disguised as French onion sellers and taught the language of their protectors. If you have ever driven the streets of that backwards country, you will know what a maze of confusion and danger that can be. The signs are often in a foreign language. Rest assured, they will never be found.

mhikl

Important note: Amazon’s cut of the profits is between 20 & 70%. Apple has something to learn from Amazon. Who woulda guessed?

Bosco (Brad Hutchings)

Ron, it was not my intention to offend you, but having done so with facts and the mildest of snark, I’ll consider it a bonus. And I’ll keep you posted about wonderful things I discover in Amazon’s Appstore since you’re stuck in Apple’s retarded CrapStore. There, I just solved the trademark issue for you.

fiasco

One of the many reasons I love Apple products and the way the company does business is that they annoy people like Bosco (Brad Hutchings) - wouldn’t want to belong to any club that he would want to be a member of!

Bosco (not Brad)

I thought this was about unauthorized use of a tag line.

fiasco

It was until you vomited on it.

Bosco (Brad Hutchings)

I thought this was about unauthorized use of a tag line.

Nope. The article was about Apple filing a lawsuit alleging that. The courts will decide whether it was an unauthorized use of a legitimate trademark owned by Apple. No slam dunk.

Bryan Chaffin

The “confusion in the marketplace” phrase is simply part and parcel of protecting a trademark, and that protection must begin even before it is officially granted, lest it be moot.

That said, I think it inarguable that there are many people outside of the echo chamber who wouldn’t understand the two online stores are not related.

Whether or not that’s the case, if Apple is granted a trademark for “App Store,” Amazon’s use is clearly infringing.  This suit will hinge solely on whether or not Apple is granted that mark.

So spaketh I from my Throne of Judgement?.

RonMacGuy

Bosco, you do not and actually have never offended me. To offend me requires that I actually value what you say. You humor me, and it is fun to get you riled up. You humor me like a court jester humors his court. I am glad that you no longer actually attempt to sound intelligent with your comments. I actually mistook you early on as someone who knew what he was talking about. This makes it easy now for people to see you for what you really are. “Spokeshole” and “CrapStore” make me chuckle - thank you for doing your job, court jester. The MacObserver court appreciates your effort!!

Bosco (Brad Hutchings)

Not so clear as you might think, Bryan… While the press is misprinting Amazon’s mark all over the place (because it’s basically generic at this point, but that’s another issue), Amazon is using the label “Appstore” (one word capitalized as such) as part of their name of this thing. Jeff missed that in his story, as has just about everyone else who wrote about it today. Which is excusable because “app store”, no matter how you want to pronounce it, is way past the point of being a generic term in practice, as evidenced by every story about any online marketplace for applications calling them “app stores” regardless of the proprietor.

RonMacGuy

So Bryan, if you speaketh from thine “Throne of Judgement” I guess that makes you King of the Court that our dear court jester entertains!!  All Hail King Bryan!!  I boweth to thine greatness!!

“We’re not worthy! We’re not worthy! We’re not worthy!”

nathan

thanks for the one little bit of humor from garden guy in a sea of extremely loyalistic and narcissistic comments from some folks with nothing real to say.

that said, it is not my decision but the courts, but i do not feel that “app store” should be a trademarked term. just like “grocery store” or “farmers market” or “video store.” just because apple couldn’t (or for simplicity reasons just didn’t) come up with a more creative name for their store - on a side note Apple App Store could be trademarked, only because the title includes the brand name, and doesn’t have the ambiguity of “is app short for application or apple” - doesn’t mean they should get sole rights to it. should google sue every company that has “market” in it’s name?

Log-in to comment