09
Jul
7998c8f5838d65d0b1800c0dabef5a3f

While of only tangential relation to Android (the Amazon Appstore is an Android app store after all), when Apple filed a lawsuit against Amazon over 2 years ago for infringing its trademark on "App Store," I got a bit perturbed. Their reasoning? Well, basically there wasn't much in the way of good legal argument for the case from day one. In fact, Apple probably knew the likelihood of a victory was low, and has been biding time hoping that Amazon would cave to a settlement demand.

Let me just quote directly from Apple's original response to Amazon's defense against the lawsuit, which I think sums up the legitimacy of Apple's position in this whole debacle sufficiently:

Apple denies that, based on their common meaning, the words “app store” together denote a store for apps.

- Apple, Inc., 2011

In order for Apple to have succeeded on the merits in this case, it would have needed to convince a jury that an "app store" is not, in fact, how you generally describe a place or business which generally exists for the purpose of distributing and selling software applications.

Today, Cupertino threw in the towel, and settled the suit with Amazon on a single condition: that Amazon won't sue Apple for using "Appstore" in the future. 

I believe that is what is known in the legal business as "losing."

Reuters

David Ruddock
David's phone is whatever is currently sitting on his desk. He is an avid writer, and enjoys playing devil's advocate in editorials, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • http://www.jaxidian.org/update teh Jax

    If I were Amazon, I would request reimbursement for all legal expenses incurred thus far.

    • Herman

      I believe you forgot "at least".

    • Andy Stetson

      I'm gonna open up a supermarket called "The Super Market" and sue everyone that refers to their grocery store as a "supermarket". then lose, and ask them not so sue me.
      btw, what up Jax!

  • MrHaroHaro

    Not sure if I'm trolling but we didn't call them "app stores" before the App Store. That has to count for something?

    • marcusmaximus04

      I feel like what app stores existed before the App Store(basically some scattershot ones for Windows Mobile) were colloquially referred to as app stores. I think the main reason for thinking they weren't is that the vast vast majority of people never dealt with or heard of one before Apple made theirs.

    • http://www.androidpolice.com/author/cody-toombs/ Cody Toombs

      Most stores used some kind of actual branding, like the name of the company, and the word "store" or "market". Apple skipped branding the name and just labeled it with a simple conjunction of terms. If the company deserved any credit, it's only for making the term 'app' a part of everyday language.

      • jaduncan

        Yeah, they probably should have picked a name less obviously prone to genericide.

      • deV14nt

        Even that may be giving them too much credit. While Macs have always used the term "applications", Google Apps predates the iPhone by a year and "web app" may have been in common use before that. You can't call them programs because they combine multiple programs on the client and server. Hence they are an application, or app for short.

  • MLBaylor

    love the title

  • S. Ali

    Still waiting for Android Police to end stupid titles probably because they are really stupid.

    AP is really gunning to become the biggest circlejerk on the web.

    • http://www.androidpolice.com/ David Ruddock

      Don't you have something better to do than be pissed off in our comments section all day?

      • Funem

        At least it keeps him off the streets and makes the world a safer place.

      • mechapathy

        [AP CONFIRMED]Petition to add this guy to the list of unapproved companies.

    • MasterMuffin

      I looled at your profile and all your comments are just negative. Maaan!

    • ScottColbert

      If you're going to troll, at least be entertaining.

    • Truth

      Ever seen Appleinsider.com? Wow. Nothing twisted or misleading there.

  • PamelaLibrarian

    Awesome title, David!

  • Idon’t Know

    Amazon has sued for far less. The author of this article does not know anything about the actual case.

  • http://goo.gl/xuiTR Out of the Park Apps

    I'm sure if there was a penny to be had in this Apple would have kept it up, I guess they realized there was no benefit worth the cost.

  • Clayton Ginther

    Probably because Obama declared that patent abuse was going to start being punishable.