Kevin Bostic
Discussions between Apple and Amazon have so far failed to resolve the two companies' dispute over Amazon's use of the term "Appstore," and the tech giants appear more likely than ever to face each other in court come August.
Lawyers for the two firms have been in discussions to resolve the dispute since a judge ordered them to do so in January. Those discussions include a 45-minute phone call on June 14 and an all-day meeting on May 1.
Involved in the talks have been B.J. Watrous, Apple's chief intellectual property attorney, and Andrew DeVore, Amazon's assistant general counsel. Talks between the parties have so far proved unfruitful.
At issue is Amazon's use of the term Appstore, which Apple says is too close its own App Store. Apple filed suit in 2011, asserting that Amazon's term violated Apple's trademark.
Amazon argued that the term had become generic, saying that it only signifies a digital repository for apps and doesn't specifically call Apple to mind. Other companies, including Microsoft, have petitioned the U.S. Patent and Trademark Office to block Apple's attempts to secure a trademark on the term.
With the matter unresolved so far, it appears likely that the conflict will eventually be settled in court. A trial has been set for August 19.
Andrew Orr
Amber Neely
William Gallagher
Christine McKee
AppleInsider Staff
69 Comments
I'd like to see anything called AppStore prior to Apple's use of it. I stand by to be shown I am wrong in thinking Apple coined the name as used.
Guess what, Amazon, a generalized trademark is still a trademark. The people can call generic facial tissues Kleenex until they're blue in the face, but no-one making tissues can. Likewise, consumers can call digital marketplaces "App Stores", but Amazon can't, because Apple invented and trademarked the term as the name of their own.
From the company that steadfastly fought over (and won the battle for) the IP for 'one click', it is a bit hilarious -- and hypocritical -- to say the least.
Had become generic they say. Part of that in an legal sense is due to folks using it and the owner not saying squat. Apple has said, and sued. So the only way this term has 'become generic' is the courts not agreeing to force Amazon to stop until the trial was over. That can't be held against Apple as failure to protect. Prior to Apple using the term it didn't exist so how in a general sense was it generic.
Apple fighting with Idiots (amazon) :
1. Can't really fight because of self dignity
2. Can't really lose because of self dignity.
Idiots fight with Big Guys (Apple):
1. Win: Wow. I won a big guy (good way or bad way)
2. Lose: Hhhhmm, they are big. So they won. Increases your stature (idiots think like that)