Is Apple Losing the Battle Over Rights to Use "App Store"?

Is Apple Losing the Battle Over Rights to Use "App Store"?

The latest wrinkle in the ongoing battle over who can claim rights to “App Store” comes from independent mobile application download service GetJar, which says it will continue using the term.

Apple has been trying to gain exclusive rights to “App Store” for some time, with little success so far. After GetJar received a cease-and-desist letter from Apple asking it stop using the term “App Store,” the independent app service said it is refusing the request.

“Like Amazon and Microsoft, GetJar believes that the term ‘app store’ can be used by a variety of companies to market their app distribution services,” said Jason Koslofsky, an attorney with ArentFox LLP, Washington, DC.

“Apple is probably evaluating whether to bring suit against GetJar because GetJar declined to stop using the term,” he said.

Application marketplaces are integral to mobile, helping companies like Apple build out vibrant ecosystems for a smartphone.

Apple’s success with its iTunes App Store has been impressive and the company is looking to shore up its place in mobile applications.

Apple recently said that its App Store has surpassed 15 billion downloads. The number of downloads stood at 10 billion just six months earlier.

However, the broader app marketplace is growing as well, with more and more ways for consumers to discover and download apps becoming available.

If Apple decides it does need to own the rights to “App Store” to differentiate itself in the market given its strong standing, it may decide to give up the campaign to gain rights to the term.

GetJar has more than 50 million mobile application downloads per month and supports more than 1,800 phones.

GetJar addressed the situation with Apple in a company blog.

“GetJar won’t be subject to this kind of bullying,” the blog said. “We’re not going to ‘Cease & Desist.’ We were here long before Steve & Co.”

This is an excerpt from an article by Chantal  Tode from Mobile Marketer. Click here for the full article.