Apple’s bid to prevent the rest of the world from using the term “Appstore” may be about to hit a stumbling block, after U.S. District Judge Phyllis Hamilton revealed today that she will “probably” deny the Cupertino company exclusive access to the term.
Apple first coined the term “App Store” back in 2008 when it launched the service for downloading apps & games to iOS devices. Worried that customers might “confuse” its service with similar offerings from rivals, Apple doesn’t want anyone else to use the term — or anything similar.
Apple took aim at Amazon earlier this year when the Internet giant launched an “Appstore” of its own for Google Android powered devices, quickly filing a lawsuit to try and stop Amazon from using the Appstore name. However, it doesn’t look like Apple will find success in court on this occasion.
U.S. District Judge Phyllis Hamilton said in an Oakland, California, court today that Apple’s difficulty to demonstrate “real evidence of actual confusion” among customers is a “stumbling block” for the company. Adding, “I’m troubled by the showing that you’ve made so far, but that where you’re not likely to prevail at this juncture.”
After the hearing, Hamilton said that she is “probably” going to deny the motion.
What do you think? Is “App Store” generic to the point of absurdity, or is Apple in the right here?
[via Bloomberg]
Killian Bell is a freelance writer based in the U.K. He has an interest in all things tech and also covers Android over at CultofAndroid.com. You can follow him on Twitter via @killianbell.
18 responses to “Apple is “Likely” to Lose Fight With Amazon Over Term “Appstore””
Apps were used on Macs and programs on Windows. Apps moved from the Mac to iOS and that’s why it is an App Store and the others knew people got friends with the term apps on mobile devices and used it too. I understand it when Apple takes legal action, but there is only one App Store on Apple devices, so that shouldn’t be a problem.
I freely admit my Apple addiction…but…it’s getting a little crazy. I understand protecting your rights for propreitary content, logo’s and such but there is NO mistaking Apple’s Appstore with anyone else’s. I’m pretty sure that I enough brain cells (well, most of the time anyway) to tell the difference between Amazon, Apple, Android or any other company that my use this generic term!!!
I am so over this app-store slap-fest
This is such a ridiculous thing. As much as I like Apple, I really hope they lose this one.
I have an iPhone and Mac and understand why Apple wants to protect this. But if this is protected then HP will have to come up with a unique name for its app store, Android will as well, Symbian too, and all these unique names for app stores WILL cause confusion. Just need to apply a name in front of app store… i.e. Apple’s app store, HP’s app store, Android’s app store, etc. That will cause less confusion then lots of different names.
Imagine if the term “Gas Station” was protected!!!!!! This is right up there with that idea.
Hopefully Steve Jobs will read this post and see wisdom.
The term “App” was invented by Apple. It’s not generic for anything. The word didn’t exist before Apple used it.
Hell, the term “Windows” is pretty damn generic if you ask me. Let the other companies come up with their own unique name. It isn’t hard. Android Market ™, WinStore ™, BlackBerry Bistro ™, RIMjob ™, NokiaLand ™, MeeGo Mall ™…
If companies aren’t able to invent a unique word and then trademark that word to represent their products – then 90% of all the trademarks and service names are bogus.
The term was barely used by anyone, specially outside of the Apple ecosystem before the iOS Appstore, that alone should be enough…
And honestly, Apple just got a trademark for AirDrop, if that passes AppStore sure should, I mean Airdrop is an actual term so that’s bland if anything…
To be fair, while many have said programs and they usually install in program files in windows, if you check properties of an .exe file the type will say Application, and windows has had a hidden folder called AppData in every users folder for quite a while now.
But I am with you, they should be granted the trademark.
Well AirDrop could be trademarked, if that term can then shouldn’t they be able to trademark AppStore (written in that way at least) specially seeing how no one used it before them.