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GetJar Ignoring Apple's C&D Over ''App Store''

By - Source: GetJar | B 20 comments

GetJar received a cease-and-desist letter from Apple, but the Android-based "app store" doesn't plan to succumb to the bullying.

Monday GetJar's Patrick Mork quoted Twisted Sister by publicly telling Apple that "we're not gonna take it," and that it will not give in to the Cupertino-based company’s cease-and-desist letter regarding the use of "App Store."

The reaction arrives just after the Wall Street Journal reported that lawyers from New York's Kilpatrick Townsend & Stockton LLP requested that San Mateo, Calif.-based GetJar refrain from using "App Store" on its website and elsewhere. The letter also requested that GetJar use the terms "mobile download service" and "application download service" from here on out instead of Apple's supposedly exclusive "App Store" term.

But GetJar is blowing off the request. "GetJar won't be subject to this kind of bullying," he said. "We're not going to 'Cease & Desist'. We were here long before Steve & Co. We were built by developers, to help developers. Not to help sell handsets or search results. In the words of Twisted Sister: We're not going to take it! Steve Jobs isn't our Dad."

Mork said that GetJar was started by developers for developers in 2004 as a beta testing platform. They began to formally distribute 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."

His public retaliation also pointed out that Apple tried to trademark the "App Store" term in 2008 but was rejected by the USPTO. The company then filed again and was given a "provisional" registration under the condition that Apple could trademark "App Store" only if its wasn't opposed. "It just so happens that Microsoft among others did oppose it," he added.

The cease-and-desist letter arrives on the back of a major PR and marketing campaign promoting one of iOS's most popular games, Cut The Rope, as a free app for the Android platform. "At the same time, we shifted our company positioning from Appsolutely Everything to Appsolutely FREE, since GetJar has been and always will be about FREE apps," he said. "Is this timing purely coincidental? Or does Apple care more about the fact that we’re trying to give apps away for free to consumers? You be the judge."

Mork also took the time to point out the "alarming truth" about the mobile ecosystem as a whole and how it's becoming increasingly closed.

"It’s character is dictated by larger companies exercising excessive force to get bigger shares of the pie," he said. "For example, Android was supposed to be FREE and open; yet developers can’t choose their billing solution. They have their price points micro-managed for them without input.  If Apple isn’t suing Amazon, it’s suing start-ups. Now Microsoft, who is struggling to gain traction with Windows Mobile, is charging OEM’s for using Android using our country’s broken patent system.  Where are all of these law suits and threats getting us? Is anyone actually worrying about whether app developers and content providers make enough money to keep the lights on?"

As of this writing, Apple has not responded to GetJar's retaliation.

Twisted Sister's We're Not Gonna Take It

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Top Comments
  • 19 Hide
    back_by_demand , July 12, 2011 7:03 AM
    Apple can get bent, i'm sick of them claiming ownership of fresh air and sunshine and it's stime someone told them to get f##ked.
  • 13 Hide
    Anonymous , July 12, 2011 7:12 AM
    Screw Apple. Shoddy products, lots of hype.
  • 13 Hide
    Pyree , July 12, 2011 4:55 AM
    I bought an apple from the market and I ate it. The apple is digested and assimilated into parts of me, can I sue Apple for using Apple for its name now?
Other Comments
    Display all 20 comments.
  • -6 Hide
    DjEaZy , July 12, 2011 4:44 AM
    ... but why not progshop?
  • 13 Hide
    Pyree , July 12, 2011 4:55 AM
    I bought an apple from the market and I ate it. The apple is digested and assimilated into parts of me, can I sue Apple for using Apple for its name now?
  • 8 Hide
    pocketdrummer , July 12, 2011 5:59 AM
    DjEaZy... but why not progshop?


    Because that sounds like an adult novelty store...
  • -4 Hide
    DjEaZy , July 12, 2011 6:22 AM
    pocketdrummerBecause that sounds like an adult novelty store...

    ... then maybe app shop?
  • -8 Hide
    Anonymous , July 12, 2011 7:00 AM
    sounds similar to fagshop :D 
  • 19 Hide
    back_by_demand , July 12, 2011 7:03 AM
    Apple can get bent, i'm sick of them claiming ownership of fresh air and sunshine and it's stime someone told them to get f##ked.
  • 13 Hide
    Anonymous , July 12, 2011 7:12 AM
    Screw Apple. Shoddy products, lots of hype.
  • 12 Hide
    AIstudio , July 12, 2011 8:47 AM
    Apple = Corporate Greed
  • 12 Hide
    Onus , July 12, 2011 10:03 AM
    That's like someone trying to trademark "Drug Store" or "Grocery Store." Some idiot lawyer(s) at Apple need to be disbarred.
  • 7 Hide
    house70 , July 12, 2011 10:33 AM
    So, Apple does not even have a trademark for App Store? Amazon was right, as well?
    Great! They don't even have a right to issue those C&D letters, so they can take them back and shove them 'where sun don't shine.'
  • 7 Hide
    amk-aka-Phantom , July 12, 2011 12:48 PM
    Lol, way to go, GetJar! Good to see everyone telling FU to Apple...
  • 4 Hide
    Userremoved , July 12, 2011 2:57 PM
    A judge needs to tell to Apple that they don't own the name app store (application store).
  • -5 Hide
    scuba dave , July 12, 2011 3:04 PM
    I guess it must be about time to go buy something from mah local Apple store to show my support.
  • 0 Hide
    sunflier , July 12, 2011 4:38 PM
    Apple is rotten to the core!
  • 0 Hide
    fulle , July 12, 2011 5:47 PM
    scuba daveI guess it must be about time to go buy something from mah local Apple store to show my support.


    Not sure if serious.... :-/
  • 4 Hide
    weaselsmasher , July 12, 2011 10:35 PM
    Lawyer 1 to Lawyer 2: "Hey! I'll sue your company if you sue mine!"
    Lawyer 2 to Lawyer 1: "Cool! Now both of our salaries are justified! I love job security."
    Lawyers join arms and sing :

    "We're off to file lawsuits, colluding to all keep our jobs
    It does not help our companies
    It's our customers who get robbed
    But if ever a wonderful office there was
    The Patent Office is one because
    (because because because because becaaaaause)
    Because of the terrible job it does
    We're off to file lawsuits
    Colluding to keep all our jobs!"
  • 0 Hide
    pepe2907 , July 13, 2011 8:27 AM
    DjEaZy... then maybe app shop?


    if so why Apple don't change theirs? they was actualy the later to use the name.
  • 0 Hide
    pepe2907 , July 13, 2011 8:31 AM
    Actualy I think somebody should begin to sue these bogus Cease&Desist letter senders for misuse of the legal system
  • 0 Hide
    danny69t , July 14, 2011 7:12 AM
    Apples App Store = Apple Store ??
    Anybody else's App Store = Application Store

    just a thought

    Let's hope Apple will copyright the name of the fruit so no one can use it. "Hey honey, don;t forget to buy a pound of coloured roundish fruits for the pie and buy some coloured roundish fruits for the kids" :) ) Stupid Apple
  • 0 Hide
    cpatel1987 , July 19, 2011 6:11 AM
    AIstudioApple = Corporate GreedLol ther


    Lol Apple's gonna have the same exact fate as Microsoft's reputation. They are already flexing their ownership (or lack there of) muscles. They had a few really nasty viruses. Next will be the release of something so terrible and so plagued with bugs that blind fanboys will start questioning their loyalties.
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