The term “App Store” wasn’t a thing until Marc Benioff creates it, abandoning the mark to Apple in 2008 when he and Steve Jobs discusses it (Benioff gave App Store to Apple and Salesforce used the more enterprise-sounding AppExchange.) The only reason that phrase became “generic” is because Apple made it into a household name. It wasn’t like people were using App Store in conversation until Apple’s App Store became a thing. Claiming it’s generic is a weak argument because that term as a description of a store used to sell computer programs didn’t happen until Benioff and Apple. You didn’t get “bullied”: you were using a phrase that had a valid trademark issued, knowing good and well that it was an Apple trademark. And, at the time of the trademark filing, it was anything but generic. It wasn’t like the term “Coffee Shop” which has been in common use for a very long time. App Store has a very specific meaning: it referred to Apple’s App Store, that others have attempted to use it doesn’t make it less novel. It was novel at the time of filing. It would be like trying to challenge the copyright on Kleenex or Chlorox: names that are in very common use, but common use arguments don’t work retroactively, which is what you seemed to have been arguing: “App Store is in common use so I should be able to use it.” It came into common use after Apple trademarked it, that doesn’t weaken the original filing. You could have used Application Shop, App Shop, App Emporium — a myriad of options. Instead, you specifically wanted Apple’s mark because Apple had done the work to legitimize the term so you wouldn’t have had to. You weren’t bullied: the trademark is valid and you infringed it. That it’s being challenged now is of no consequence— the mark is still, at present, valid.
I remember this. You have the link change names every time you refresh the page. I couldn't believe that app store was something they wanted to copyright. It's literally short for Application Store. I always thought if you had someone sell your product on dedicated hardware it might work, but then that's a ton of overhead. :/
briandear|7 years ago
feanaro|7 years ago
cannonedhamster|7 years ago