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Apple Goes After For Its Use of “Appstore.”

in Intellectual Property/Trademarks by

Apple Inc. on Friday sued for trademark infringement just before the giant online retailer launched its mobile ‘appstore’ to sell software applications for Android devices. launched its new mobile applications store for the Android platform on Tuesday. It’s called the Amazon Appstore.

The company is bringing its vast experience with consumer retailing and applying it to the business of selling software both online and through mobile devices.

Many of the software programs available through’s Appstore are very similar to the ones available through Apple’s iOS, and thus could make using an Android device almost indistinguishable from an iPhone — although Amazon is offering a distinct new feature called Test Drive, which allows users to try out an App before they buy it.

Amazon’s advantage also is that it already has a large established user base of customers whose buying and payment account information they already have, and which they can integrate into this new platform.

Friday’s suit was filed in federal district court in the Northern District of California.

“Amazon has begun improperly using Apple’s App Store mark in connection with Amazon’s mobile-software developer program,” Apple’s lawyers said in the complaint.

Apple first applied for the trademark on the term “App Store” in 2008. The USPTO has since granted it.

In January, Microsoft challenged Apple’s trademarking of the term in a proceeding at the USPTO.

The company charges that the term ‘App Store’ is too generic to be trademarked.

Many other companies, such as Google, Research in Motion, Nokia, Hewlett Packard and Palm and Samsung describe their mobile stores for software as “app stores,” Microsoft notes.

Apple fired back in a filing earlier this month saying that Microsoft’s argument relies on “out of context” snippets of information, and that if the USPTO agrees with Microsoft, it would have to revoke numerous other kinds of trademarks it has granted in other industries.

India Gives RIM Two More Months to Comply

in Broadband's Impact/International/Privacy/Transparency/Wireless by

WASHINGTON, August 31, 2010 – India’s government has given BlackBerry-maker RIM two more months to comply with a request for increased access to e-mail from its users.

India is just the latest in a string of nations asking the Canadian firm for this technological access. The nation gave RIM a deadline of Aug. 31 to grant it increased access. The government and RIM have reached an agreement to give the firm two more months while the Indian government reviews a recent proposal by RIM.

The details of that concession have not been released.

“Any communication through the telecom networks should be accessible to the law enforcement agencies” said the statement from India’s Ministry of Home Affairs. “RIM have made certain proposals for lawful access by law enforcement agencies and these would be operationalized immediately.”

RIM has 1.1 million customers in India.

FCC Eyes Apple’s Blockage of Google Voice

in Broadband's Impact/FCC/National Broadband Plan by

WASHINGTON, August 6, 2009 – A top Federal Communications Commission official sent letters of inquiry on Friday to Apple, AT&T and Google over Apple’s move to block Google’s voice technology on the iPhone.

James Schlichting, acting chief for the Wireless Telecommunications Bureau, asked Apple Vice President Catherine Novelli why Apple had rejected Google’s Voice application and removed related third-party applications from its app store. He also asked Novelli to identify which third-party applications had been removed or rejected.

Schlichting also asked whether Apple had acted alone or in consultation with AT&T and whether or not there were any contractual or non-contractual conditions with AT&T affecting Apple’s decision.

In his letter to James Cicconi, senior executive vice president of external and legislative affairs at AT&T, Schlichting asked similar questions and whether any devices operating on AT&T’s network allow use of the Google Voice application. He also inquired whether other applications have been rejected for the iPhone and whether consumers’ access to and usage of Google Voice is disabled on the iPhone but permitted on other handsets such as Research in Motion’s BlackBerry devices.

According to a report by Jason Kincaid in TechCrunch, John Gruber, a technical writer and technology pundit, “has confirmed with a trusted source that AT&T is to blame for the Google Voice ban.”

This allegation has met with some skepticism.

According to a report by Om Malik on Gigaom, this allegation that AT&T is behind Apple’s blocking of Google Voice is “flat-out wrong.”

“If it were true,” said Malik, “then Google Voice would be banned on BlackBerry devices that use AT&T as well….As of this morning, everything is working fine on my AT&T-connected Bold.

Malik also noted that AT&T’s voice network is needed to send and receive Google Voice calls.

Accord to a report by Marin Perez on Information Week, AT&T states that it does not manage or approve applications for the App Store.

“We have received the letter and will, of course, respond to it,” said AT&T spokesman Michael Balmoris.

Schlichting also sent a letter to Richard Whitt, Washington telecom and media counsel member at Google, asking whether an explanation was given for Apple’s rejection, whether Apple has approved any Google applications for the Apple App Store, what services they provide, and whether Google has any other proposed applications pending with Apple.

“We will continue to work to bring our services to iPhone users, for example by taking advantage of advances in mobile browsers,” said Google Global Communications and Public Affairs spokesman Dan Martin.

“We will be supplying the information that the commission has requested,” he said.

“Consumers everywhere should be pleased at the quick response of the Federal Communications Commission to the reports that Apple was blocking access to the Google Voice application, said Public Knowledge President Gigi Sohn.

“This is exactly the type of aggressive, pro-consumer, pro-competitive action that we want to see from the FCC, and which has been long mission from the commission’s policy agenda,” she said.

Sohn said she looks forward to reading the official responses to the commission’s letters from Apple and AT&T.

The letters are part of a trend showing that the FCC is trying to craft a more open market where consumers can access mobile networks easier, said Charles Golvin, analyst with Forrester Research.

According to a report by AP technology writer Michael Liedtke on ABCNews, just days after the letters were sent, Google CEO Eric Schmidt resigned from the Apple board, “because of the companies’ conflicting interests as competition between the one-time allies heats up.

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