Apple Loses 'app store' case

[tomm2thumbs]

http://www.reuters.com/article/2011/07/07/us-apple-amazon-ruling-idUSTRE76604S20110707

G*ddamn right - you can't trademark something that purely describes the product in common descriptive terms. You can't trademark BLUE CHEESE just as much as you can't trademark HARDWARE STORE. For apple to claim they can trademark APP STORE is ridiculous, and kudos to Amazon for pursuing this in court with their money and their legal resources.

Why doesn't Apple stop wasting their money and US government resources at the United States Patent and Trademark Office and just develop a creative name instead of something generic.

Where is Steve Jobs and his 'creative' team?

Guess they don't have any new ideas to offer.

Next stop?

Blue Cheese®
(don't use our word, or we'll sue)

______

[tomm2thumbs]

1. I'm gonna sue you for using Blue Cheese®

[PoliticAverse]

2. Good. n/t

[hlthe2b]

3. Businesses try to trademark all kinds of things...I am far more concerned...

about the Monsantos and Big Pharmas of the world trying to gain all ownership rights to genetic sequencing of plants, bacteria and animals...which can have a lot more impact on populations access to drugs, vaccines, food crops and the like.

You seem to have quite the bone to pick with apple/ Steve Jobs. Seems a bit disproportionate to me. They did after all, develop a long term campaign around having an "app" for that, so I can see why they might TRY to copyright it.

[tomm2thumbs]

4. I agree

they can certainly apply for '...there's an app for that' as a service mark

[muriel_volestrangler]

10. 'app' on its own was never going to be trademarkable

Since it was in common use since the late 80s or early 90s as a short form of 'application', in computing (and not just for Apple products). Their only chance of winning this case had been that 'App Store' was a 'clever' pun that also implied 'app' was short for 'Apple'. But with 'app' being in common use already, it was unlikely that a court would agree that only one company should have the right to call the place it sells applications an 'app store'.

[dipsydoodle]

13. Just seen your note

Didn't know that.

[lpbk2713]

5. Verizon tried to copyright the internet a few years ago.

Sounds ridiculous but they must have thought it was worth a try.

[tomm2thumbs]

6. true, and worth a fight as well

glad folks didn't lie down and take it

[Greybnk48]

7. Didn't Palin just trademark "media whore"? And her

name? I thought I read that (might have been the Onion) LOL!

[HysteryDiagnosis]

8. If you wrote App Store with Kana characters would it still be offensive to Apple??... or

how about wing dings....

[NV Whino]

9. Apple's claim makes a certain kind of sense

App is part of the word Apple. I suspect they thought they were very clever coming up with that. What they didn't take into consideration is that it is a generic contraction and, in fact, they can't trademark it.

[tomm2thumbs]

11. actually

see post 10 about what app stood for

'application' was always the term, or otherwise I'd certainly see your point

[dipsydoodle]

12. They could've done

if they had done so before they released any applications assuming the abbreviation of the word didn't exist as such before then. They left it too late.

[onehandle]

14. They haven't 'lost.' The judge just stopped an injunction against Amazon.

They may yet lose, but this isn't over.

[tomm2thumbs]

15. great link for Judge's comments - CBSNews

http://www.cbsnews.com/8301-501465_162-20077514-501465.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+cbsnews%2Ffeed+%28CBSNews.com%29

Apple loses suit, Amazon can still use "AppStore" to describe storefront where you can download apps and E-books

"The court finds that Apple has not established a likelihood of success on its dilution claim. First, Apple has not established that its 'App Store' mark is famous, in the sense of being 'prominent' and 'renowned.' The evidence does show that Apple has spent a great deal of money on advertising and publicity, and has sold/provided/furnished a large number of apps from its AppStore, and the evidence also reflects actual recognition of the 'App Store' mark. However, there is also evidence that the term 'app store' is used by other companies as a descriptive term for a place to obtain software applications for mobile devices," according to the 18-page opinion filed yesterday.

"'App Store' is 'more descriptive than it is distinctive,'" Hamilton said.

_____

I'm an Apple fan and user, but tired of ANY company who gets too big for it's own good and tries to buy the English language out from under us.

[eShirl]

16. I heard Apple computers was named after Apple records

which in turn was named after Apple fruit.

point was something about glass houses, I think