Katie Marsal
Apple and Amazon will hold settlement negotiations over use of the term "app store," after a San Francisco judge ordered the talks.
Attorneys for both companies will hold talks on March 21, according to Bloomberg, in Apple's trademark infringement suit. The court already sided with Amazon earlier this month when it dismissed Apple's claims of false advertising.
Although Apple's false advertising assertion was tossed out, the rest of the trademark dispute remains, and will head to a trial in August if the two sides cannot work out a deal.
Apple first filed suit against Amazon in 2011, asserting that Amazon has violated the "App Store" trademark for which Apple has applied. Other major technology companies, such as Microsoft, have sought to block Apple's application with the U.S. Patent and Trademark Office.
Amazon countered last September by arguing that the "app store" moniker has become generic, allowing it to use the name "Amazon Appstore" for its own digital download service. Apple has used the name App Store since its iOS storefront opened in 2008.
The App Store has been crucial to the success of the iPhone and iPad, with hundreds of thousands of applications now available on Apple's mobile devices. The company announced earlier this month that App Store downloads have exceeded 40 billion, and almost half of those occurred in 2012 alone.
Charles Martin
Malcolm Owen
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57 Comments
What would they really have to talk about? Apple: "Don't call it the Appstore." Amazon: "You know what the judge ruled earlier. Go fly a kite." End of story. Move on, Apple.....
Here's one trademark case Apple should have definitely won. The judge should have ordered Amz to change the name of the store to App "something". App Market. App Shop. App World (RIM). Play (Goog), etc. it would have been an easy change and should have been forced. I saw a video a couple of years ago where the Salesforce CEO discussed when he gave the then few years old - at the time - trademark "App Store" to Apple. Amazon not losing this case is a disgrace to trademark law IMO. My soon to be granted trademark for "Tea" doesn't feel as strong as I had imagined.
This is one where users don't care. When you're on a Kindle you're not going to confuse an App Store with an Apple one. Where you're on an iPad you're not going to confuse an App Store with an Amazon one. A food store is where I buy food, an app store is where I buy apps. Waste of money that could be being focused on R&D and coming up with something good for the next gen phones.
Apple should get it's day in court. I also don't see why litigating these disputes take so long. Our court system is a mess.
Here's one trademark case Apple should have definitely won. The judge should have ordered Amz to change the name of the store to App "something". App Market. App Shop. App World (RIM). Play (Goog), etc. it would have been an easy change and should have been forced.
I saw a video a couple of years ago where the Salesforce CEO discussed when he gave the then few years old - at the time - trademark "App Store" to Apple. Amazon not losing this case is a disgrace to trademark law IMO. My soon to be granted trademark for "Tea" doesn't feel as strong as I had imagined.
But you "lose the trademark" if you "talk about it generically", which "Apple's executives did".
This is one where users don't care.
Completely wrong.
Where you're on an iPad you're not going to confuse an App Store with an Amazon one.
Then why do I always get people asking me why "my stuff from iTunes doesn't work on here"? Maybe because people confuse them.
Here's some Iams. Enjoy. What's that? Oh, I went to the food store. Well, it was called "Dog FoodStore". What do you mean that's different from "Human FoodStore"?! They both say "FoodStore!" They MUST be the same! I wouldn't be able to buy from there if it didn't work here!
I don't really know how companies work beyond knowing that this isn't at all how companies work.