US Judge states that “App Store” is not a trademarked phrase
For some time now, Apple lawyers have been arguing that the term “App Store” is a trademarked phrase, in an effort to stop competing services like Google’s Android Play app store and BlackBerry’s app store, from using the term.
According to Apple, multiple companies calling their online app stores, App Store, creates confusion among Apple’s customers.
Amazon was even sued by Apple for using the the term after it launched the Android Appstore for Android-based devices in 2011.
Recently though, Apple’s onslaught of App Store-related lawsuits has run into difficulty.
U.S. District Judge Phyllis Hamilton expressed significant doubt that Apple would be able to prove that other companies using the term App Store, actually confuses its costumers like they claim.
“Everyone who uses a smartphone knows the difference between the Apple iOS system and the Android system,” said Hamilton. “Where’s the confusion? There’s some suggestion [by Apple] that if Amazon is using the ‘Appstore’ term someone might think they have as many apps as Apple does. Well, why? And how, in fact, does that contribute to any deception on the part of Amazon?” said Hamilton.
Some industry experts are actually surprised that Apple hasn’t already dropped the lawsuit.
Apple spokesperson, Kristin Huguet said,
“We’ve asked Amazon not to copy the App Store name because it will confuse and mislead customers.”
Apple filed to trademark the term App Store in 2008 and, after initially being rejected, the claim was approved in 2010.
Microsoft filed an objection in July 2010, claiming that the term was too generic. The company also asked the Trademark Trial and Appeal Board to issue a summary judgement denying Apple’s trademark application. The courtroom battle is still going on with both sides, primarily Microsoft and Apple, filing various counter claims against one another.
Other tech giants have avoided the wrath of Apple by using variations of the App Store name. For instance, HP calls their store an App Catalog and BlackBerry calls their store AppWorld. Android has also named their store the Android Market.
The term now name App Store should have been awarded to Apple. Prior to the store front there wasn’t any other online store of the name. Now everyone wants to bank on a similar naming method. Give the credit it deserves.