Vancouver-based Partnerpedia is planning to change the name of its โenterprise app storeโ product line after receiving a โcease and desistโ letter from Apple Inc. earlier this month.
CTO Geoff Mair said his companyโs enterprise app store portfolio, which is aimed at IT shops looking to control the distribution and management of approved apps to their end-users, did not choose โapp store because Apple created brand recognition around it.โ Instead, he argued, the term best defines what the enterprise app store product line does.
โFor us, it would be like trying to come up with a phrase that describes a grocery store,โ he said in reference Partnerpediaโs decision to change its productโs name.
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But despite its opposition to Appleโs attempt to trademark two โcommon words,โ Mairโs small company has decided that it would be more difficult to get into a court dispute with Steve Jobs and company.
โWe donโt have the resources to get into a legal back and forth with Apple,โ Mair said, adding that the decision was a tough because of the โsignificantโ marketing dollars Partnerpedia has already spent on the product.
Mair added that Partnerpedia is still deciding on a new name for the service, which it hopes will keep the same kind of brand recognition the product currently has with its customers.
Mair said that while Partnerpedia will not deny that Apple has done a lot to make the word โappโ popular, the same can be said about firms like Microsoft and Salesforce.com with the word โcloud.โ
โNo disrespect to Apple, theyโre a very important company, but Iโm not sure throwing out โcease and desistโ letters is the right approach for them,โ he said.
Media spokespeople for Apple did not response to a ComputerWorld Canada interview request.
Appleโs legal crusade began shortly after Amazon launches its โAmazon Appstore for Androidโ in March, when the company filed a motion in an Oakland, Calif.-based court arguing that its marketing efforts have made the โapp storeโ title more than just a generic term. It added that the move would cause considerable customer confusion and lead to damages.
โApple denies that the words โapp storeโ are commonly used among many businesses to describe mobile software download services and further denies that the term โapp store marketโ is used to describe the market for mobile software download services,โ Apple argued in a court filing.
While Partnerpedia has already begun its process to determine a new name for its service, new reports from Bloomberg and Reuters this week are suggesting U.S. District Judge Phyllis Hamilton will โprobablyโ deny Appleโs motion because the company has not demonstrated confusion among consumers.
The โapp storeโ dispute isnโt the only trademark issue Apple has been involved with recently.
In April, Apple reportedly purchased the domain โicloud.comโ from Sweden-based Xcerion for $4.5 million. The company is set to use the name for its new online music and storage locker service.
โ(Apple) feels that they messed up on cloud stuff โ and I agree โ and will want to make it as big as they possibly can,โ said Ezra Gottheil, an analyst with Technology Business Research. โApple doesnโt tend to repeat their mistakes, and a music subscription service could be a part of iCloud.โ
โ With files from Gregg Keizer, ComputerWorld U.S.