Amazon opened its own app store today Android devices, and thus it brought down the wrath of Apple. The Reason? Amazon calls its market software "Appstore" which you can Note, is not unlike the Apple "App Store" where Mac manufacturer sells applications for iPhone, iPad and iPod touch. It is Apple accused of Herodion of infringing on its trademark App Store.
It is reasonable to think that Apple is small claiming ownership of the two frequently used words. The term "app store," after all, has been around for years; Generally speaking, people don't like it when companies claim rights to a relatively neutral language. Critics have marks, right on their side: the company may not claim exclusive rights, where the term is merely descriptive. But this does not mean Apple is not justified in going after the Amazon.
Apple, after all, he was awarded the mark of the App Store by the Office of trademarks and Patent in the USA in 2010. Microsoft is formally opposing the registration of a trade markand an official ruling on the objection is pending. If Microsoft is successful, it may mean the end of the case of Apple against Amazon. Until that happens, however, the iPhone manufacturer is well within their rights to go after Amazon. Lawyer Evan Brown Internet cases explains why the term "App Store" is a fair basis for legal action on behalf of Apple:
[T] here is an important exception to the rule, not the rights to trade marks for descriptive terms, and this exception is probably what Apple is relying on: the term "acquired distinctiveness." Simply stated, if the company can demonstrate that it has been used a descriptive name so widely, that society has come to associate the term descriptive in your company, the company may have trademark rights in that period. Apple obviously will try to show that took great efforts (read: marketing $ $) to get the public to associate the App Store with its brand. Degree can do, that it may succeed against Amazon.
What Apple is trying to do is to avoid what happened with the Kleenex and Xerox: to avoid diluting its brand by allowing words to become part of our lexicon. So when Apple App Store may not be the only entity to which the General term "app store" descriptive apply, and even if Apple didn't Coin the term, if people think that "Apple" when they hear the term "app store", the company has a position legally justified. I find it difficult to believe that the "app store" specifically is more generally related to smartphones as a general category, than with Apple and the iPhone.
And not only may sue Apple, but it should. App Store has become a very powerful marketing tool and accompanying branding iOS devices. You may argue that a list of the extensive software ensures App Store is now number one competitive advantage of Apple's devices have over their competitors. App gap narrows, but still represents a significant chasm and one worth defending vigorously. The transfer of ownership of the term "app store" means losing mindshare, which in turn would hasten the decline of the advantage of third-party software.
Apple may return multiple friendship among tech watchers or gadget fans by suing the defence of their trade marks store app, but simply because the rate of shares is unpopular does not mean it is wrong. Amazon knew could be strengthened on the Tiger's tail in the naming of its market, Appstore, and without a doubt, too, was prepared for the consequences. All that remains to be seen is now whether the upstart face, iceweasel costly.
Related content from GigaOM Pro (subscription req):
window. fbAsyncInit = function () {FB. init ({appId: 180650338636285, status: set to true, the cookie: TRUE, xfbml: true});FB.API ({method: ' links ' urls getStats.: ' http://gigaom.com/apple/why-apple-suing-amazon-is-the-right-move/'}, function (response) {jQuery (' # roots-fb-count-button ') .html (response [0]. commentsbox_count);}); /* Switch//only over on FB, if you are logged on to FBFB. getLoginStatus (function (response) {If (response.write session || response.status = "notConnected") {jQuery (' # roots-tabs '); tabs (' select ', 1);}});*/}; (function ($) {$ (window). load (function () {var e = document.getElementById createElement ("script"); e type = ' text/javascript '; e. src = document.location.protocol + '//connect.facebook.net/en_US/all.js '; e. async = true; document.getElementById ('fb-root ') appendChild (e);});}(jQuery));var _comscore = _comscore || []; _comscore. push ({c1: "2", c2: "6036014"}); (function () {var s = document.getElementById createElement ("script"), el = document.getElementById getElementsByTagName ("script") [0]; s. async = true; s. src = (document.location.protocol == ' https: '? 'https://SB ":" ") + http://b." scorecardresearch.com/beacon.js "; El.parentNode.insertBefore (s, el); })();
No comments:
Post a Comment