Apple Threatens Wireless Industry Group For Daring To List Out Other App Stores
from the it's-generic,-get-used-to-it dept
As we've been discussing, Apple is on a quixotic battle to claim that "App Store" really stands for Apple Store, and that only it can use the obviously generic phrase. It's even sued Amazon over this, leading to Amazon's wonderful response in which it quoted Steve Jobs using the term "app store" to refer to other app stores.And, now, just as Apple was pushing its new iOS strategy, it also sent the Wireless Industry Partnership a cease-and-desist, because it has an excellent App Store Catalog that provides a list of alternative app stores, as well as its App Store Reports, which provides some data and information about the various app stores to developers, who might find such info quite useful.
It's hard to see this as anything other than garden variety, obnoxious trademark bullying on the part of Apple. WIP isn't competing with Apple. There is absolutely no likelihood of confusion here. Apple's just being obnoxious.
WIP hasn't quite figured out how it's going to respond to the legal threat directly, but it did use the opportunity to point out how Apple seems to be attacking this resource for developers at a time when it claims that it's helping developers... and then lists out a bunch of other ways that Apple has become extremely anti-developer:
Apple can get away with pissing off developers for now, but, at some point, this is going to come back and bite them hard. And, seriously, does it really make that big of a difference if others use the term "App Store"? Honestly, going after WIP for this seems likely to do a lot more damage to Apple's relationship with developers than the idea that someone else might use the very generic and descriptive term "app store."We provide the App Store Catalog and the App Store Report as resources for developers who want to succeed, to earn a living, and to have their work enjoyed by people around the world. It is a fact that the world of mobile app distribution is highly fragmented and that not every mobile phone user has an iOS device. This means there are a wide array of "application download services" out there that developers need to consider to widely distribute their apps, and the Catalog and Report have been very well received as a resource to help them do so. Despite Apple's attempts through trademark to create the impression that it's the only game in town, it's not. Developers need resources such as these, and they've been very warmly received. Perhaps that's part of the problem.
It's a bit ironic that just as Apple flashes that $2.5 billion payout figure -- one for which it should be applauded -- it's also taken several steps that many see as thwarting developers' success:
- Obsoleting several third-party apps by building their functionality into iOS 5
- Allegedly keeping apps out of the App Store if they compete too closely with Apple's own software
- Shutting down pay-per-install marketing systems
- Rejecting apps because they include a particular feature, then later adding that feature to the OS
- Squeezing developers and publishers with its in-app payment policies
And now it hits out at our attempts to support developers by helping them navigate the maze of distribution channels available to them -- including all the alternate channels outside of Apple's own (trademarked) App Store. Apple's repeated actions to wield control over its own ecosystem creates the impression that the developers in it live at Apple's behest; its attempt to control the generic term "app store" suggests that it's trying to extend that control beyond its own ecosystem as well.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Reader Comments
Subscribe: RSS
View by: Time | Thread
When did they do that?
Apple trademarked bullying? I don't think they can do..OW!!!WTH??
[ link to this | view in chronology ]
Re: When did they do that?
[ link to this | view in chronology ]
seriously
[ link to this | view in chronology ]
Re: seriously
There is no confusion except on the part of Apple's legal dept.
[ link to this | view in chronology ]
Re: seriously
[ link to this | view in chronology ]
Re: seriously
Think of all the hard work you wasted when the ladies come knocking on my door!
[ link to this | view in chronology ]
Re: seriously
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
If you ask me, there really is an Apple for everything. One apple. The Braeburn. Best. Apple. Ever.
[ link to this | view in chronology ]
Crazy Apple Trademark List
[ link to this | view in chronology ]
Re: Crazy Apple Trademark List
[ link to this | view in chronology ]
Re: Crazy Apple Trademark List
Doesn't that leave WIP in the clear.
[ link to this | view in chronology ]
Re: Crazy Apple Trademark List
[ link to this | view in chronology ]
Re: Re: Crazy Apple Trademark List
[ link to this | view in chronology ]
Re: Crazy Apple Trademark List
Carbon
Capitals
Charcoal
Jam Pack
Numbers
Sand
Now those all seem rather ridiculous, but I would say most (if not all of those) are perfectly valid when used in the specific context that Apple has protected.
App Store should never have been granted as it is simply descriptive of it's use. The above examples are all common words, but they are not used in a way that is directly descriptive of the way they are used. If you had no familiarity with Apple software I'd say you would have a hard time guessing what each of those described.
With App Store you know exactly what it is, not because you recognize the trademark, but because you know what an app store is.
That is the difference.
[ link to this | view in chronology ]
Re: Re: Crazy Apple Trademark List
[ link to this | view in chronology ]
Poor Apple
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
Bill Gates (with Darth Vader mask on):
Steve, I am your company's father/co-owner.
Steve Jobs (now missing one hand due to holding iPhone the wrong way): Noooooooooooooo!
[ link to this | view in chronology ]
Oh right. They're just being a trademark troll for the same reason they're a patent troll... They can't stand competition.
[ link to this | view in chronology ]
Mac app store
[ link to this | view in chronology ]
[ link to this | view in chronology ]
flood the 'net
App Store, App Store, App Store, App Store.
There is a Google App Store, an Android App Store (a few, actually) and you could even call GameStop an app store because games are apps and GameStop sells them.
Apple can kiss my ass. By the way, most every produce stand sells apples, including macintoshes. I have a macintosh that I wear when it rains. Macintosh macintosh macintosh macintosh. I'm even pissed that Firefox's spellchecker is underlining lower case "macintosh" because they are assuming that it refers to the arrogant and despicable company that is using their lawyers to bully people and puts their products behind a walled garden.
[ link to this | view in chronology ]
I'm hungy
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Because, obviously, having it as Mc and not Mac at the beginning of the company name implies that the Big Mac is not self-referential, but rather a cleverly disguised ruse to exploit Apple's Macintosh line for hamburger sales.
[ link to this | view in chronology ]
Apple abuse
BUT, notice:
If a thug bullies someone and takes their money, he goes to jail and Techdirt applauds.
If a (business thug like Apple) bullies someone and takes their money, Techdirt says they have that right, and whimpers a little.
[ link to this | view in chronology ]
Farming out innovation.
Very smooth Apple, letting others innovate for you, and then simply copying their core functionality for your next OS iteration.
[ link to this | view in chronology ]
[ link to this | view in chronology ]