Apple Threatens Wireless Industry Group For Daring To List Out Other App Stores

from the it's-generic,-get-used-to-it dept

Wed, Jun 8th 2011 1:38pm — Mike Masnick

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:

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.

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."

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Filed Under: app store, trademark
Companies: apple, wip

30 Comments

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Jason, 8 Jun 2011 @ 1:43pm

When did they do that?
"It's hard to see this as anything other than garden variety, obnoxious trademark bullying on the part of Apple."

Apple trademarked bullying? I don't think they can do..OW!!!WTH??
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girlzluvme, 8 Jun 2011 @ 1:50pm

seriously
'tech' and 'dirt' are common words in the dictionary. But that doesn't mean you want others using it for profit especially since it could dilute your brand or even confuse your hard work for work of a lesser standard. Its only common sense really. "its my idea, get your own"
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Anonymous Coward, 8 Jun 2011 @ 1:51pm

That's why I'll call it the Crapp Store from now on.
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Anonymous Coward, 8 Jun 2011 @ 1:55pm

Re: seriously
I'm practically tech illiterate and even I know that "app" stands for "application", not Apple - never has and never will.

There is no confusion except on the part of Apple's legal dept.
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Dave Cortright (profile), 8 Jun 2011 @ 1:57pm

Certainly Apple isn't claiming or even implying that their tag line "There's an app for that" is an abbreviated form of "There's an Apple for that", right?!
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Jason, 8 Jun 2011 @ 2:00pm

Re: seriously
Yes, but Techdirt is not a generic term, and 'app store' IS. Fail well, girlzluvme coughnotheydontachem.
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girls love me, 8 Jun 2011 @ 2:03pm

Re: seriously
Similar to how I'm taking your screen name, spelling it correctly and using it now to better advertise my abilities as a girl magnet though my obviously superior grasp of the english language?

Think of all the hard work you wasted when the ladies come knocking on my door!
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Anonymous Coward, 8 Jun 2011 @ 2:22pm

Crazy Apple Trademark List
http://www.apple.com/legal/trademark/appletmlist.html
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Jason, 8 Jun 2011 @ 2:35pm

Re: Crazy Apple Trademark List
Thanks, I needed to drive home dizzy.
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Richard (profile), 8 Jun 2011 @ 2:38pm

Re: Crazy Apple Trademark List
According to said list trademarks are adjectives - therefore App - used as a noun - is not a trademark.
Doesn't that leave WIP in the clear.
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Josh in CharlotteNC (profile), 8 Jun 2011 @ 2:44pm

Re: Crazy Apple Trademark List
Interestingly, neither "app store" or "App store" are in that list.
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Anonymous Coward, 8 Jun 2011 @ 2:49pm

Re: Crazy Apple Trademark List
Instruments
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.
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Steven (profile), 8 Jun 2011 @ 2:51pm

Re: Re: Crazy Apple Trademark List
forgot to sign in, that's my comment.
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Steven (profile), 8 Jun 2011 @ 2:51pm

Re: Re: Crazy Apple Trademark List
App Store is
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Joshua Jones (profile), 8 Jun 2011 @ 3:10pm

Poor Apple
When I see stories like this, and Apple's lawsuits with so many different companies over nothing important, and then see that their latest announcements are all about playing catch up to the existing tech trends that other innovative companies have pushed forward.. I cannot help but think that if they were not so worried about litigation, they could go back to doing some of that innovation themselves.
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Anonymous Coward, 8 Jun 2011 @ 3:17pm

I remember the time not so long ago when the problem, big problem, was MS integrating the browser and media player with OS.
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Prisoner 201, 8 Jun 2011 @ 3:21pm

Re: seriously
I am now trademarking the words "common sense". They now refer exclusively to my online advice service Common Sense (tm), and any unauthorized use of my brand name can and will be met with the full force of my legal team. I do NOT want any brand dillution by thieves and villains that claim to have used the phrase for decades.
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MrWilson, 8 Jun 2011 @ 3:30pm

If Apple truly is concerned about dilution and actually thinks App is short for Apple, why don't they just call it the Apple Store instead to clear up any confusion since obviously an idiot in a hurry thinks that app store means application store?

Oh right. They're just being a trademark troll for the same reason they're a patent troll... They can't stand competition.
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DogBreath, 8 Jun 2011 @ 3:44pm

Re:
What Apple has become...

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!
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rooben (profile), 8 Jun 2011 @ 3:54pm

Mac app store
Wait, so the Mac App Store is actually the Macintosh Apple store? What are the Apple Stores then? They are contusing their own brand, let alone Amazon....
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Anonymous Coward, 8 Jun 2011 @ 4:00pm

Apple, this is the reason why OSX and Mac PC's failed against Windows. Now you're doing it again, especially with Android eating your lunch. Something tells me that money the company earned went to cashmere turtle neck sweaters instead of to software design and marketing.
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PopeRatzo (profile), 8 Jun 2011 @ 4:32pm

flood the 'net
An "app store" is any store that sells apps. And "app" is a short way to say "application".

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.
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taoareyou, 8 Jun 2011 @ 8:31pm

I'm hungy
I think I will go and eat an app.
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Anonymous Coward, 8 Jun 2011 @ 10:39pm

Ohh the french are gonna be pissed the have to ask apple to use Bonjour
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Anonymous Coward, 9 Jun 2011 @ 1:31am

Next in the firing line: McDonalds.
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.
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Gene Cavanaugh (profile), 9 Jun 2011 @ 10:07am

Apple abuse
I agree, Apple will regret this. It is the same thing they did when they were big, and Microsoft was small, and explains why Microsoft kicked Steve Job's butt.
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.
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Curses!!!, 9 Jun 2011 @ 11:22am

Re:
Beat me to it. Bravo, sir, bravo!

If you ask me, there really is an Apple for everything. One apple. The Braeburn. Best. Apple. Ever.
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Eponymous Coward, AKA Doug (profile), 9 Jun 2011 @ 11:30am

Farming out innovation.
It's frustrating to watch Apple's treatment of their 3rd party devs. Looking at the updates to iOS 5, they're trying to squeeze out a number of successful apps by rolling their functionality into iOS itself. I'm wondering if they will suddenly swing a retroactive banhammer since these apps now duplicate existing functionality, though a formal removal isn't really necessary to kill any future downloads.

Very smooth Apple, letting others innovate for you, and then simply copying their core functionality for your next OS iteration.
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Anonymous Coward, 9 Jun 2011 @ 12:27pm

2 years from now at the grocery store: Miss, can I get the red roundish fruits with seeds formerly named after a "tech" company
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Jeff Rife, 13 Jun 2011 @ 10:56am

Re: When did they do that?
It's hard to see this as anything other than garden variety, obnoxious trademark bullying on the part of Apple.
Wouldn't it actually be "walled garden"-variety trademark bullying?
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