

Steve Jobs isn’t our Dad - bakbak
http://blog.getjar.com/developer/

======
saurik
> "We started formally distributing free apps in early 2005 and are among the
> pioneers of the modern direct-to-consumer (D2C) app store distribution space
> when the iPhone was just an R&D project in Steve Job’s head."

> "GetJar has been using the term “App Store” in press releases and in it’s
> positioning with consumers, trade, analysts and press since early 2009 and
> it’s only now that Apple has decided to send us a C&D."

Is it just me, or is this actually a good argument /for/ Apple owning the term
"App Store"? People keep making the claim "it is an obvious name", but
apparently it wasn't for GetJar: it wasn't until Apple gave that term meaning
by applying it to their product that GetJar decided to use the term.

> "In conclusion, GetJar won’t be subject to this kind of bullying. We’re not
> going to “Cease & Desist”. We were here long before Steve & Co. We were
> built by developers, to help developers."

As for this statement... I don't know... this entire article somehow makes it
sound like Apple is telling them to stop running their service, when in fact
all Apple is doing is asking them to stop using the term "App Store".

I mean, seriously: my full time job is complaining about Apple being a closed
ecosystem, but there's something about this blog post that is off-putting and
misses the mark; in fact, I don't even see how Apple being a closed ecosystem
is relevant to this specific argument.

~~~
ggchappell
> Is it just me, or is this actually a good argument /for/ Apple owning the
> term "App Store"? People keep making the claim "it is an obvious name", but
> apparently it wasn't for GetJar: it wasn't until Apple gave that term
> meaning by applying it to their product that GetJar decided to use the term.

It's a good argument for the term "app store" being original with Apple.
However, being the first one to use a term, does not mean you "own" it.

Under the law, one can register a trademark, which gives one exclusive rights
to the term under certain restricted conditions. However, as the article
points out, Apple did not get a trademark free & clear.

~~~
saurik
Obviously, I mean in the restricted area of "term used to describe a software
product or service", and "under the law" you don't need to successfully
register a trademark for that (although trying and actively failing to
register the mark will make your life very difficult in court); also, I feel
like you are putting too much emphasis on the word "own" here as if I was
going for some technical definition, as opposed to "when people think of that
word, they immediately associate with Apple's App Store" (which really is all
that trademarks really come down to: whether there would be viable confusion
in the market if other people co-opted the name).

------
cpg
We got a C&D letter for App Store too. These guys at GetJar confuse the mark
with the activity. And yes, there is something offputting about their
response.

We took a different spin - an HTML5 parody videogame[1] and a name-the-store
contest[2].

EDIT: here is our response <http://bit.ly/amahi-apple-whoa>

[1] <http://www.amahi.org/invaders> [2] <http://www.amahi.org/name-the-store>

~~~
mcantelon
>And yes, there is something offputting about their response.

Their response seemed fine to me. I don't see what's so offputting about
standing up to threats from someone that doesn't even own the trademark
they're threatening you over.

------
scotu
> "Android was supposed to be FREE and open; yet developers can’t choose their
> billing solution"

Maybe I'm going off topic, but dev _can_ choose their billing solution,
distributing their apps outside android market that is not part of AOSP
(Android Open Source Project) (as Gmail app to cite another one)

------
rimantas
Uh oh. Some under appreciated heroes they are.

    
    
      > Or does Apple care more about the fact that we’re trying
      > to give apps away for free to consumers?
    

Hardly. Apple also give apps away for free to consumers, if developer chooses
to distribute it for free. Apple still makes money from selling hardware not
ads. What'g getjar business model? Oh, yes:

    
    
      > We were built by developers, to help developers.
      > Not to help sell handsets or search results. 
    

No mention about selling ads? Will having more free stuff attract more visits?
Will it give more opportunities to show ads?

------
diogenescynic
Just call it an App Market and avoid the controversy/drama. There is also
something unprofessional about their response altogether, "Steve Jobs isn't
_our_ dad!!"

~~~
tintin
Or just Application Store.

Anyway I did a Google search on app store -apple. There are a lot of 'App
Stores'. Apple will be busy sending letters.

<http://www.google.com/search?q=app+store+-apple>

~~~
aw3c2
Make that <http://www.google.com/search?q=%2B%22app+store%22+-apple> rather.
The double quotes to connect the words and the + to make Google actually
giving us the result we want instead of being Mr. Smartypants.

------
jamescoops
Getjar are hardly good guys themselves. They knocked my mobile web directory
mjelly.com off their index a while ago even though it had been listed in there
for years. This was because they claimed it was a competitor to getjar. They
recently did the same with Opera.

------
ugh
Little tip: If you want to express that Steve Jobs isn’t your dad don’t write
like an angry teenager would.

They should have been much more concise, clear and confident (consequently
also a lot shorter). This is just awful writing.

------
5teev
Direct link to article: <http://blog.getjar.com/developer/getjar-vs-apple/>

------
DrJokepu
So why can't you guys just call it "Download Center" or something like that?
What are you gaining by fighting a company with that much cash, other than
free publicity (which might turn out to be not free at all if they decide to
come after you, even if they lose in the end)? Is this really a battle worth
picking? I'd urge you to think this through with a cool head and try to apply
some common sense.

------
ignifero
I don't get it. How can they send a cease&desist for a trademark they clearly
do not (yet) own? Is it premature litigation?

~~~
llambda
They claim they already own and have owned it[1][2]. The legal proceedings
have yet to conclude on the matter so we don't yet know if that claim will be
honored by law.

Edit: citation added :) "App Store" is considered a "Service Mark" trademark
fwiw

Edit 2: another citation listing Apple as the *applicant

Edit 3: correction, apparently Apple cannot "own" the trademark until it
becomes a (R) registered trademark? Nonetheless it seems they can still
dispute the use of it as is currently happening with Apple v Amazon.

Edit 4: "The owner of a registered trademark may commence legal proceedings
for trademark infringement to prevent unauthorized use of that trademark.
However, registration is not required. The owner of a common law trademark may
also file suit, but an unregistered mark may be protectable only within the
geographical area within which it has been used or in geographical areas into
which it may be reasonably expected to expand."[3]

[1] <http://www.apple.com/legal/trademark/appletmlist.html> [2]
[http://tess2.uspto.gov/bin/showfield?f=doc&state=4010:6r...](http://tess2.uspto.gov/bin/showfield?f=doc&state=4010:6r8hbi.2.6)
[3] <http://en.wikipedia.org/wiki/Trademark>

~~~
ignifero
they don't own it, it's not been registered yet. and it has already been
rejected once in the past.

[http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=7...](http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77525433)

~~~
pohl
Are you claiming that ownership, in trademark and service mark law, is defined
by registration? That is not my understanding. While registration does secure
ownership, ownership itself is defined by use, and registration is not a
prerequisite for the commencement of legal proceedings over claimed
infringement.

~~~
ignifero
What kind of infringement is that then? (I 'm not a lawyer, just wish to know)

~~~
llambda
Trademark infringement, possibly limited by geography; Apple would be
considered the owner of the SM. See my citation above. :)

~~~
ignifero
Very doubtful they could go after that, considering that getjar is registered
in Lithuania. But lawyers are crazy.

~~~
sunchild
Is the Apple App Store available in Lithuania?

~~~
rimantas
It is, since about April 2009. Still no iTunes Music Store though :(

