Apple Claims App Store Not a "Store for Apps"
Posted 05-25-2011 at 05:40 AM by Admin
With the iPhone App Store just passing 500,000 apps no one can contend that they don't have the largest app store, the question is do they have the only App store. In Apple's attempt to trademark the term "App Store" and keep competitors from reusing the term to sell there apps, they filed an addendum to there trademark case against Amazon who decided to go ahead and use the term. Apple's lawyers contend
In Europe, last week Microsoft, HTC, Sony Ericsson, Nokia filed a joint application to invalidate the trademark
Quote:
“Apple denies that, based on their common meaning, the words ‘app store’ together denote a store for apps,” the company said in a filing yesterday in federal court in Oakland, California. The term isn’t commonly used by businesses to describe download services and, because the mark “app store” isn’t generic, Amazon’s Appstore for Android service isn’t an “app store,” Apple said in the filing. Source
Quote:
The trademark APP STORE consists of a mere combination of two words, each of which is generic or descriptive of characteristics of the services in respect of which it is registered. In such case, the trademark remains generic/descriptive of those characteristics for the purpose of Article 7(1)(b) and (c) CTMR
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