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Amazon Uses Steve Jobs’ Own Words in Defense to Apple Lawsuit

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When Amazon decided to call their foray into mobile content the Amazon Appstore for Android, Apple responded in typical fashion with a lawsuit. You see, Apple has trademarked the App Store name and currently uses it for their own iPhone content store. When the trademark was initially filed it met objection by Microsoft — MS claimed the term was too broad and described a very general concept. Amazon is sticking with that defense and questioning the legitimacy of the trademark that was only granted recently.

In their response filed with the courts, Amazon points to a specific quote from Steve Jobs made during a conference call with investors:

“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.”

We aren’t sure of how good a defense that quote makes alone, but it helps to build a larger picture where even Apple’s top dog used the “app store” term in a generic way, acknowledging that phrase is more a industry standard than intellectual property. The legal wrangling is just getting started on this case, but if Apple has their way Amazon will be ordered to drop the “Appstore” name. On the other side of the coin, if a judge sides with Amazon, Apple could lose their trademark for the term.

[via PocketNow]

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36 Comments

  1. It’s retarded that they were grant that trade mark in the first place. App Store = Application Store, if like Lowes Food will make their name Grocery Store and trade mark. Retards.

  2. Is Steve Jobs is going to sue Jonny “Apple”seed for trademark infringements?

  3. Lawyers making work for themselves in the finest Talmudic sense of interpreting the law when what is inadequate is the fact that Hebrew had no vowel sounds.

    FC could mean FoCi (plural of focus) or FuCc-u (we all know that what you say when you mean “hello”, right?)

    1. Don’t forget to add the dots…

  4. Steve Jobs: “You’re saying it wrong”

    I wonder when Apple will pull out the defense that App Store is actually short for Apple Store.

      1. You’re*

        THX!!

    1. So he was saying that android has 4 Apple stores? LOL

      1. See that’s the thing. By trademarking App Store as short for Apple Store he’s keeping anyone from using “App Store” even though we all view it as Application Store.

        Don’t listen to me though I’m just being a conspiracy theorist lol. Talkin shit.

  5. “portable apps” have been around a long time. . . longer than the app store.

    1. Looked up Whois for “portableapps.com”

      Creation date: 10 Jan 2005 08:26:38

      kills ifans’ argument that no one used the term “app” before the “app store.”

      1. I forgot ALL about portableapps .com. lol I remember using that site years ago when I wanted some of my “apps” on my PC to be lite on resources.

    2. My Palm Pilot had apps on it years before the iPhone.

  6. “Is Steve Jobs going to sue Johnny “Apple”seed…..” Maybe, and he might go after those fruit farmers that sell those edible round red balls for copyright.

  7. That’s like getting a trademark for the term “smart-phone.” It’s a term that is way to generic. Is it just me, or does Apple seem extremely defensive lately. They seem to be filing stupid lawsuits left and right.

    1. Lately? This has been Apples major business plan for ages. They would have long ago gone bankrupt if it wasn’t for lawsuits ( and Microsoft helping keep them afloat ). We were so close to being rid of them so many times too, hopefully it isn’t too late.

  8. I think the black turtleneck has totally lost it.
    First he spent money to trademark a very generic term and now he is spending even more on a lawsuit.I guess wasting money doesn’t matter to him as long as the fan boys are ready to pay him any price for anything that has a lower case “i” before it. Biggest con man ever.

    1. If I was Jobs, instead of suing everyone, I would put my 60b war chest to good use. I would give a quarter of it for cancer research. Another quarter to help the unfortunate in poor countries to get a better education. Then, I would shut up and fade into the background so people would not hate me so much.

      But see, I’m a snide, cunning bastard. I want to do that so I could validate myself to true sainthood to be worshiped happily by billions. :) Because, right now, I’m more hated and popular than the Devil. :D

      1. Well…you wouldn’t be giving out 1/4 of it. People that are “worth” various amounts, have the vast majority of it tied up in assets. Just look at an average person. Thanks to their house, cars, etc. are typically worth around $300,000-$500,000 but their actual spending money is typically under $1,000 at any given time.

        I will bet that he has given huge amounts to charity though. Why? Tax credits. Give a few million to charities, get even more in tax credits. Some big companies end up just not paying taxes at all because of all the various credits they work up.

        I think it should be a 1:1, give a million to charity, you only get 1 million in credit.

        PS: I still hold that the most good steve jobs could do for society is to jump into an industrial shredder:)

  9. Oh no, four app stores for consumers to CHOOSE from… that’s horrible. I can’t imagine why a corporation like Apple would want to minimize choice among their consumers to be able to purchase apps from other companies…. oh, yeah. nevermind.

    1. That one is easy: One single app store = one single corporation getting revenue from app sales.

      With multiple app stores, developers can shop around for the best deal as far as where they can get the most revenue from.

  10. I hope amazon wins.

  11. redonkulous. the term :”killer app” for example was around for at least a decade before Apple’s store. App as an abbreviation for application can not be owned by anyone one entity. no matter how its used or marketed.

  12. I wish Amazon would just call their app store “Amazon Apps” like their app store icon shows.

  13. This is the time for ppl to use the Flag button….

    I dont want an iPhone or iPad, I probably dont want ANY Apple products…but damn.

    Would you want someone to say that about you family member? Your mother, father, son, daughter?

    Its not that serious….

    1. I will give iSteve recognition for one thing though. He re-introduced tablet computing. 10 years ago other manufacturers attempted to create tablet computers, but our technology wasn’t ready yet. They were heavy, got hot, and had short battery life. iSteve jumpstarted the tablet market when we finally reached a technology level where ARM computing became mainstream. Steve Jobs helped bring attention of the media and the people to the tablet market, and now look how many different tablets are out there. Tablets are the future, but not the way iSteve envisions it. People want freedom to choose, but with iOS you don’t have any freedom. My prediction is the Apple will start declining in stock value, and sales will slowly decrease over 10 years, to eventually become only iTunes. Unless Apple takes a step in the right direction after the passing of iSteve. You see how arrogant he is? He puts the letter “i” in front of all his products to emphasize his ego….

  14. I very rarely use profanity in forums or making comments, but in this case I hope the moderators will excuse this, given its context….Jobs is a fucking idiot!!! Is he going to Sue the whole world??? For someone who is supposed to be one of geniuses of our time, he is by far the dumbest asshole I have EVER heard of. Common sense goes a long way, Steve. You jackass!!!

  15. Knightrider, why so angry and crude? No need to be ignorant and drop f bombs. Were you raised by trash?

  16. In a “discussion” of the merits rarely are Apple fans obnoxious by way of being rude and crude. The anti-Apple crowd must live some of the most miserable lives.

  17. I’d say thats pretty damning there. Jobs uses it as a generic term himself.

  18. Fuck all you of you android users if it wasn’t for iOS and iPhone you guys wouldn’t have faildroid

    1. I didn’t know hipsters went on the internet, and troll much? Go back to your closed linear world of IOS and iPhone

  19. Ahahahahaha! Silly Jobs. I guess we won’t be having “apple” juice or “apple” sauce. What will they call it? I can’t cell my sons the apples of my eyes….I might have an Apple security guard sack me for illegal use of the word!

    Grow up man! Without competition there is no innovation. Cmon jobs, give it a rest.

  20. I feel like hipsters generally use android and stay away from conformasts like apple.
    their goal is to stay hip with the times while also embraceing the retro.
    know what a hipster is before you call someone one. ^^

    1. Actually if you were to really get into hipsters they’d most likely use Web OS or Windows 7 for phones because they are modern yet not mainstream as android and IOS so if you feel the need to correct me at least do so in the proper fashion.

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