Apple’s App Store Is Not For Apps
|Article first published as An App Store Is Not a Store For Apps on Technorati.|
Most of us have been witness to Apple’s stupidity every now & then. But, Apple‘s latest response to a counterclaim filed by Amazon in its ongoing lawsuit over the usage of the word “Appstore” in its newly opened platform for Android applications, takes Apple’s stupidity to a whole new level.
Apple’s counterclaim said-
“Apple denies that, based on their common meaning, the words “app store” together denote a store for apps.”
So, what exactly is Apple trying to argue about legally?
Primarily, Apple owns the legal rights for the usage of the term “App Store”. This trademark goes way back to January 2010- which is eons before Amazon’s AppStore was even born. For Apple to show that Amazon has infringed upon their copyright, Apple has to come up with a ground-breaking counterclaim against Amazon and not the one that was mentioned previously. Apple had earlier claimed that the usage of this term by Amazon would cause confusion amongst its consumers about the products of the two companies. Like Apple customers aren’t confused enough already. *sigh* 🙄
Amazon, on the other hand, doesn’t really give a damn about Apple’s accusations. Amazon has very smartly removed the space between the words “app” and “store”. Though this difference is only on paper, the names still sound exactly the same when spoken. Amazon had preveniently expressed that it would be extremely doltish to allow Apple to control the usage of a generic term. Amazon wants the court to render Apple’s trademark null and void with a declaratory judgement.
Taking the fact that the common man throws the word “app store” around when he listens to the word “app”, Amazon’s argument really holds ground. Apple’s argument, on the other hand, wants the judge to declare that the “app store” is essentially, not for “apps”. Next thing we know, Apple might say that the term “AppStore” has a double meaning i.e. App(lication) and App(le). 😛
Looks like we all know where this is heading!