Apple served up a Cease & Desist to Getjar this week it seems that GetJar was next on Apple’s list to crack down on the term “App store” Apple maintains that it has ownership of the term and has raised the issue with other big name companies as well like Amazon and Microsoft.
Getjar has posted a blog post saying that they will not be bullied by Apple and their legaleeze. GetJar was actually in the app store business and using the term far before the iPhone was even invented.
See Getjar’s facts after the break
Getjar has posted these facts to their blog
- GetJar was started by developers for developers in 2004 as a beta testing platform. 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. So it’s not as if we were waiting around for Apple to come up with the idea of app stores and decided in 2011: “Apps will be big, let’s scribble together a business plan and raise some VC money!”
Read the entire Getjar blogpost here
It’s questionable whether Apple even owns the term “App Store” to begin with. If you look at the case being battled out between Apple and other 3rd parties and really do some homework you’ll see that:
- They filed to register App Store in 2008 with the USPTO and were denied the mark.
- Since Apple has a tough time with the word “NO” they filed again and were given a “provisional” registration under the condition that they could TM App Store if nobody opposed the registration. Well it just so happens that Microsoft among others did oppose it.
- So for Apple to be going around threatening or suing others on the basis of a tenuous “ownership” claim of a generic name that isn’t 100% theirs is seriously “taking-the-piss” as the English would say and we would probably use more colorful language here in the US.
- 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. That said, GetJar does not use the term in it’s brand/slogan or strapline.
Apple has taken a hard line stance in trying to defend their “app store”. It’s great that companies like GetJar won’t stand for their bullying.