Amazon seeks to throw out Apple "app store" advertising claim

[JoHunt]

I love Apple products, but I say enough is enough with Apple's continuous litigation against anything Android related. It is very clear on Amazon that the apps are for Android devices.

Amazon.com Inc has asked a federal judge to throw out Apple Inc's false advertising claim in a lawsuit challenging the online retailer's use of the "app store" name.

The claim is part of a March 2011 trademark lawsuit in which Apple, which this year became the world's largest company ever by market value, accused Amazon of misusing its "App Store" name to solicit developers for a mobile software download service.

Apple added the trademark claim last November, soon after Amazon announced the launch of the Kindle Fire tablet and, according to the complaint, began to call its app store "Amazon Appstore" rather than "Amazon Appstore for Android." It said this change could have contributed to confusion among consumers.

http://news.yahoo.com/amazon-seeks-t...--finance.html

[Kumabjorn]

I guess Apple's lawyers need to justifie their rates to corporate HQ in Cupertino. I could be wrong but it seems to me they are more aggresive litigators than marketers.

[Apache]

Originally Posted by joehunt

Apple added the trademark claim last November, soon after Amazon announced the launch of the Kindle Fire tablet and, according to the complaint, began to call its app store "Amazon Appstore" rather than "Amazon Appstore for Android." It said this change could have contributed to confusion among consumers. [/URL]

Maybe if you confused the fact the both Amazon and Apple start with the letter A. Maybe Apple should sue to prevent any other company's name from starting with the letter A.
Apache

[JoeD]

Originally Posted by Apache

Maybe if you confused the fact the both Amazon and Apple start with the letter A. Maybe Apple should sue to prevent any other company's name from starting with the letter A.
Apache

Check your mail, impersonating Apple!!!

[Apache]

Originally Posted by JoeD

Check your mail, impersonating Apple!!!

I did not even think of that.
Apache (hiding from Apple)

[obsessed2]

Originally Posted by joehunt

I love Apple products, but I say enough is enough with Apple's continuous litigation against anything Android related. It is very clear on Amazon that the apps are for Android devices.



http://news.yahoo.com/amazon-seeks-t...--finance.html

Apple tried this against GetJar a couple of years ago and lost. Apple says that "Amazon Appstore" could contribute to confusion among consumers. Seriously? Apple consistently insults the intelligence of consumers! We are not brain dead. I like to think that think most Apple owners or potential Apple owners are smart enough to figure out what "Amazon Appstore for ANDROID" means !!!

The way Apple conducts business is absolutely shameful. They accuse everyone else of stealing things they think they have rights to, like rounded corners and "AppStore", while they shamelessly rip off anything they see fit.

http://motherboard.vice.com/2012/9/2...ck-in-ios-6--2

[Pookeysgirl]

Here's another ridiculous lawsuit filed by apple against a Polish deli (not sure if this was posted anywhere else):

http://www.ubergizmo.com/2012/09/app...over-its-name/

[Blackadder]

Originally Posted by Apache

I did not even think of that.
Apache (hiding from Apple)

This reminds of the rather good article from The Daily Mash

http://www.thedailymash.co.uk/news/s...s-201103233655

[obsessed2]

Originally Posted by Blackadder

This reminds of the rather good article from The Daily Mash

http://www.thedailymash.co.uk/news/s...s-201103233655

This is scary because it means I could be the target of a lawsuit for simply typing this reply.

[RainingLemur]

Originally Posted by Blackadder

This reminds of the rather good article from The Daily Mash

http://www.thedailymash.co.uk/news/s...s-201103233655

Heh. Tha©t would be rea©lly terrible if tha©t were to come true.

[frahse]

Originally Posted by Apache

I did not even think of that.
Apache (hiding from Apple)

No one can hide from Apple. With their superior mapping program they can track you anywhere on (what's this say?)... Pluto?

[HarryT]

Originally Posted by joehunt

I love Apple products, but I say enough is enough with Apple's continuous litigation against anything Android related. It is very clear on Amazon that the apps are for Android devices.

A trademark HAS to be defended, or the owner can lose it. If Apple own the phrase "App Store" as a registered trademark, then if they didn't defend it in this way, others could claim that Apple had failed to take action to defend their trademark, and Apple could lose it.

This has nothing to do with "false advertising"; it's a simple case of a trademark violation.

[JoHunt]

Originally Posted by HarryT

A trademark HAS to be defended, or the owner can lose it. If Apple own the phrase "App Store" as a registered trademark, then if they didn't defend it in this way, others could claim that Apple had failed to take action to defend their trademark, and Apple could lose it.

This has nothing to do with "false advertising"; it's a simple case of a trademark violation.

To date Apple has been unable to trademark the phrase "app store" - its application to register the trademark is being opposed by Microsoft.

In its suit, Apple is claiming false advertising against Amazon on the basis that using the phrase is "confusing to customers".

I stand by my opinion that Apple is going too far with its litigation.

http://www.theregister.co.uk/2011/07...zon_trademark/

[HarryT]

Sorry, I was confused by the original article. When it said:

Apple added the trademark claim last November,...

I read that as meaning that Apple did own this trademark. I see now what it's saying - thanks for the clarification.

[sadievan]

I like Apple products, but this is getting ridiculous.