Apple denied 'App Store' trademark by Australian court

Australia's Federal Court has decided Apple cannot trademark the term “App Store”. Apple's been trying to own the term in Australia since 2008, but in 2013 the nation's Registrar of Trademarks ruled that App Store “ does not distinguish the applicant on its own.” In other words, App Store doesn't apply to Apple alone. The …

[Big-nosed Pengie]

Maybe if the twunts at Apple paid tax on their Australian operations they'd have a stronger argument.

[Bob Vistakin]

It's enough to drive you Round the Corner.

Aussie judge: "Think you can buy the law here like you do in Texas? Think different."

[tkioz]

I'm glad our courts have a shred of common sense.

[John Tserkezis]

"In other words, App Store doesn't apply to Apple alone"

I'm shocked. Speechless, just shocked. One of our courts has a judge that has a bit of common sense.

[big_D]

Selber Schuld

As they say in Germany. Maybe if Apple hadn't used the term generically at their own press events, they might have had a leg to stand on.

[Tim Roberts 1]

tax?

Tax, what tax? we don't pay no stinkin tax!!! But give us our trademark anyway to protect our business in oz from predators who would have us pay even less tax because we earn less if they use "app store" . Fuck you apple - I'll be more sympathetic about your trademarks when you pay the same tax rate as me....

[Anonymous Coward]

I thought US law applied in ALL states, even the most southern six?

[UncleDave]

There, fixed it for you.

I thought US law applied in ALL countries.

[Will Godfrey]

Re: There, fixed it for you - insufficient vision

I thought US law applied in the entire galaxy.

[Anonymous Coward]

Deja vu

The just don't give up do they?

In 2011 to 2013 they LOST the right in the USA to block Amazon using the term app store as it was generic, yet here they are, still trying to fight for the name.

Just give it up will you!

http://www.businessweek.com/news/2011-06-22/apple-bid-to-bar-amazon-appstore-will-likely-be-denied.html

http://www.theregister.co.uk/2013/01/03/apple_loses_round_to_amazon_in_app_store_dispute/

[Frankee Llonnygog]

Re: Deja vu

Have you ever tried recalling an unleashed lawyer? If you cut off the money supply, they sue, and that way lies recursion. It's easier to just initiate the destruct sequence.

[Michael Habel]

Re: Deja vu

Well you could just say that you now officially "broke", and have no way to continue paying for their Service. At which point, I gather if your Name is Dotcom. Said Barristers would then promptly bugger off...

[tony2heads]

@Frankee Llonnygog

Destruct sequence!

I wish somebody told me before that lawyers have a self-destruct function.

Icon: Lawyer

[MJI]

prats!

App Store?

If they want to trade mark a name add the le on to App

Stupid Apple prats.

[Anonymous Coward]

Re: prats!

This is Australia not France, I believe they are still suing over LeApp Store

[dan1980]

Did I read that right? Did Apple argue that Microsoft's use of 'Windows Phone Store' instead of 'App Store' proves their point?

MIS, like most other companies want some semblance of consistent branding. If the rulings in the US have prevented them using 'App Store' then they;re hardly going to call it one thing in the US and another in Australia.

[Anonymous Coward]

What's next?

Why not try to trademark the letter 'A' and anyone using the letter must pay royalties to Apple?

[Anonymous Coward]

Re: What's next?

I think they tried that and if they haven't you shouldn't be giving them ideas.

[daemonoid]

Re: What's next?

iThink they may prefer a different vowel...

[Anonymous Coward]

"App Store" generic term again?

So then Google could switch to Google App Store instead of their ridiculous Google Play...

[Will Godfrey]

Hmmm.

{clump}{clump}{clump}

{shuffle}

{blow}{cough}{cough}

Here we are. Two 3.5in Floppy Disks labelled Apps1 and Apps2. Bought along with a computer from a bricks & mortar shop (or store if you're a left pondian).

'nuff sed?

[admiraljkb]

Yeah, App Store was and is too generic. "Apple AppStore" would be much easier to legitimately defend, similar to Microsoft Windows. (ala Windows by itself isn't defensible.) If wanting a single word, App$tore would work. or @ppStore, or perhaps AppStor3? I'd think a company of "think different" would come up with something really creative there. :) Lets face it, App had already been in widespread usage because who wants to type "Application" in an email? I always shortened it to app, and that was in the days of Compuserve.

[TheFatMan]

oh

I thought it was short for Application store?