It appears that last month a legal letter had been sent to GetJar requesting that it stopped using the term “App Store” on its website. Lawyers representing Apple – Kilpatrick Townsend & Stockton LLP based in NYC suggested that the website used the terms “application download service” or “mobile download service” instead.
Apple app store legal battle: Are you confused yet?
We have already reported that Apple were in litigation with Amazon over the use of their own “App store”. The judge presiding over the case does however actually agree with Apple that the term “App Store” is not actually a generic term, as both Microsoft and Amazon have claimed. However, the real legal issue is related to a “likelihood of confusion” and the judge in this case has stated that the term “App Store” did not meet the required “likelihood of confusion” provision necessary to validate an immediate injunction against its use…note the term “immediate” however, time will tell what may happen in the future.
Apples new battle with GetJar a battle too far?
It would appear that Apple really do feel that they have some god given right to the term. They have cited earlier marketing efforts and huge expenditure as a reason to justify such claims be upheld and as a rational man I can understand them wanting to at least try to defend a term that does have a huge correlation to Apple. Though the truth is the claim can never really hold up currently as the term “App Store” is not a trademark, despite efforts to secure this by Apple.
Claiming that punters would get confused by the Amazon App Store and Apples App store for instance is just condescending to owners of mobile devices, surely?
GetJar still telling Apple to stick it up their Apps:
On a recent blog post GetJar have basically told Apple to sod off. And goes on to inform the reader that they stick by their position as they are not really competing with Apple, but are more like an affiliate who push visitors to the Apple App Store anyway.
I suppose Apple would say that they are pushing people to the Android market also, but without a trademark to the term App Store how can Apple get way with such a request and except this to be acted upon?
GetJar state that they have been running since 2005 (before the release of the iPhone) and that they have been operating while using the term “App store” since 2009 without any problems…..i.e Apple were very happy for GetJar to initially push their own applications before the release of competitor apps.
Apple lose face with too many Legal battles?
We reported the other week that it appeared that Apple were in a legal frenzy currently, with rifts between manufacturers, retailers, and god knows who else. Is Apple in danger of looking a bit like a sacred millionaire who has built his castle but now fears anyone who comes close to admire it?
Getjar Facebook group to help developers deal with Apple:
GetJar has now started a Facebook group called “The Open and Free App Movement,” and is aimed at helping developers understand and organise their efforts related to Apple when Apple send legal threats and people are unsure what to do and perhaps need some advice from their peers….they are quoted as saying; “people are sick of this crap”.
What do you think of Apples current legal battles, are they justified or do you think the are muddying Apples name?
Anthony Munns