John Paczkowski

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Amazon to Apple: "App Store" is Generic; Just Ask Your CEO

Amazon has finally filed an official response to Apple’s lawsuit accusing it of misusing its App Store mark to promote its Android Appstore, and some of the evidence on which it’s based comes from a pretty remarkable source.

Apple CEO Steve Jobs.

In a federal court filing late Monday, the retailer argued that the term “App Store” is generic and said it’s silly for Apple to claim otherwise when its own executives use it generically. Case in point: Steve Jobs’s comments during Apple’s Q4 earnings call last year.

In addition to Google’s own app marketplace, Amazon, Verizon and Vodafone have all announced that they are creating their own app stores for Android. So there will be at least four app stores on Android, which customers must search among to find the app they want and developers will need to work with to distribute their apps and get paid. This is going to be a mess for both users and developers. Contrast this with Apple’s integrated App Store, which offers users the easiest-to-use largest app store in the world, preloaded on every iPhone. Apple’s App Store has over three times as many apps as Google’s marketplace and offers developers’ one-stop shopping to get their apps to market easily and to get paid swiftly.

That Jobs used “App Store” is this way is a pretty compelling argument for it being generic and undercuts Apple’s claims that Amazon’s use of it will confuse and mislead customers. That said, Apple did popularize the term and was first to request a trademark on it. That its CEO sometimes dilutes that mark during earnings calls may be beside the point.


comments so far. Add yours.

  • Anonymous

    Uh, totally beside the point. He is referring to other stores being like the app store, that doesn’t mean they are OK with Amazon calling theirs the exact same thing (because they are incapable of any original ideas, apparently).

  • Anonymous

    So if the CEO of Best Buy ever said, “Dell PC’s are the best buy right now,” then Amazon can open their own chain of electronics stores called Best Buy?

    It doesn’t matter if “app store” is generic now. What matters is was it generic when Apple first opened App Store? No, it was not. You can tell by doing a Google search and refining the results by date and you see the phrase come into use in mid-2008 when Apple launched App Store. The word “iPod” is generic now, but that does not mean Apple’s trademark is null and Amazon can start shipping their own music player called “iPod.”

    What makes this all even worse is that there is a definite history of the entire tech industry cloning Apple products, utilizing Apple as a common design and creativity resource. When Apple had success with iPod, the tech industry said “that won’t last long, we’ll all just copy it.” You saw the same with iPhone, App Store, and now with iPad. OK, copy it. But AT LEAST MAKE UP YOUR OWN NAMES! Sheesh.

  • http://twitter.com/pceasy PC Easy

    Pretty clear here Apple fans. He used “app store” generically.

  • http://twitter.com/AGuyNamedCarl Carl Hess

    “It doesn’t matter if “app store” is generic now.”

    It certainly does. A trademark can lose its legal protection if it loses its distinctiveness.

  • Anonymous

    There’s an App for that…..guess where? App Store. That’s called branding and Apple has one of the best brands out there.

    When people think “App Store” they think Apple..period.

  • http://pulse.yahoo.com/_WUYMYBRIBJB64XASMRH63JBBGI B0B

    Apple has an app store? Does it work with iPhones?

  • http://pulse.yahoo.com/_WUYMYBRIBJB64XASMRH63JBBGI B0B

    Your examples are flawed. It would be one thing if it was called “iPod App Store” or “iPhone App Store” or “iApp Store”. However, they specifically called their store something already generic. “app store”. Then, he used it generically, further cementing the fact that this was generic to begin with.

    Imagine he had called it “Download Page”. He’d run into the same problem. Or if the iPod wasn’t called an iPod and was called something like “MP3 Player”. The term “app” had already been in wide use by developers as shorthand for “application” for MANY YEARS before the iPhone was even conceived. So, calling it “App Store” isn’t any more clever than calling it an “Application Store” which is terribly generic. It would be like a drug store calling their store “Drug Store” or “Rx Store” and then suing anyone else who uses “Drug Store” or “Rx Store” in their name. They’re going to lose.

    The first rule of thumb when naming anything where you want to protect the name is to create something that couldn’t already be conceived as something that might be used generically in that particular context. Calling a search engine “Search Engine” or “Find Engine” is just asking for trouble. Going with something like “Google” or “Bing” for a search engine is what needs to be done. Naming a music player “Music Player” or “MP3 Player” or “Tunes Player” is, again, asking for trouble. Going with “iPod” or “Zune” is unique enough that it can’t be used generically outside of the context of the original.

    Just because SOME consumers can be confused (those who probably don’t know how to reboot their computers) doesn’t mean ENOUGH consumers can be confused. Most people know full well what the Amazon App Store is and that it has nothing to do with Apple. If Amazon had called it “iPhone App Store” and featured Android apps, then they’d be asking for trouble.

    Granted, Apple DID pour a lot of dollars and marketing to popularize the term “app” and “app store”. That isn’t being denied. All this really points to is the fact that they made a huge blunder. They took a generic term. They made it popular. And now this decision is coming back to haunt them. It happens all the time. They’re just going to have to deal with it, learn from it, and move on. They should have created a new word… used their “i” naming convention… or created a generic enough term that wouldn’t already feel normal to use in a generic context.

    I mean, if you’re really going to split hairs, the Symbian OS originally referred to the apps for their phones as “apps” and even used the file extension “.app”. So, maybe Nokia needs to sue Apple over the term “app”? Just throwing “Store” on the end isn’t enough. Apple couldn’t have solved a lot of problems by just calling it their “iStore” but they didn’t and now they’re paying the price for that mistake.

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