Apple Inc blocking TCM Big App Store trademark ‘an absolute farce and misuse of process’
The late summer blocking of the trademark ‘TCM Big App Store’ by Apple Inc is totally baseless and an absolute farce and misuse of process says Tony Rust, Managing Director of Apt Projects Ltd, owners of the TCM Big App Store.
“After receiving Apple’s 77 page detailed document of opposition to our TCM Big App Store trade mark application our researchers turned up a mass of references which clearly show that in July 2013 Reuters reported, and it was widely distributed, that:
“The long dispute between Apple and Amazon over the term "App Store" has come to an end, with Apple agreeing to end the lawsuit with promises from Amazon not to countersue.
"We no longer see a need to pursue our case," Apple spokeswoman Kristin Huguet said. "With more than 900,000 apps and 50 billion downloads, customers know where they can purchase their favorite apps."
Martin Glick, a lawyer for Amazon, said in an interview, "This was a decision by Apple to unilaterally abandon the case, and leave Amazon free to use 'appstore.'"
Apple and Amazon's disagreement arose after Amazon opened their "Amazon Appstore" in March 2011, three years after Apple launched its own App Store. Apple immediately sued after the Amazon Appstore came on-line, asking the court to prevent Amazon from using the term ‘Appstore’ as it tarnished the reputation of the Apple App Store.”
Tony Rust continues “App isn’t a special word invented by Apple, people were referring to ‘killer apps’ years before Apple or anyone else used the term ‘phone app’. With the wide public knowledge of the outcome of the Apple v Amazon case and the quotes by responsible parties from Apple at that time how can Apple in all conscience put a small, innovative firm like us through the legal grinder when in common sense terms they have no foundation on which to oppose our application? We don’t even sell phone apps in the TCM Big App Store. We only sell TCM Big Apps which run on PCs and Servers and every product is called ‘TCM Big App for...’. We explained this to Apple but still they continue their opposition. They’ve got their cash mountain of tax avoidance money to buy the best legal services available and common sense is out of the window.”
“Apple are dancing on the head of pin with their use of the English language and it’s damaging us. We believe that the use of their trademark 'App Store' must be restricted to a finely defined set of conditions, a very distinct definition which applies specifically and only to Apple's App Store. This is because the term is so generic that it cannot be owned by Apple, it can only be owned in the context of the definite branding that they have brought to the term and that branding is nothing like the branding of the TCM Big App Store.”
“I don't really want to go into the issue of 'grocery store' analogies because the trade mark 'App Store' has been granted, and that’s that. The point that I want to get across is that Apple, had pulled out of their case with Amazon over what to most people was indistinguishable between 'App Store' and 'Appstore'.”
“For the moment we continue with our ‘I can believe it’s not Apple’ campaign - www.icanbelieveitsnotapple.com – and build our case. Our survey has already overwhelmingly shown that the public is not confused between Apple’s App Store and our TCM Big App Store.”
“Instead of building the business we’re having to put a lot of energy and resource into defending a case that should not have arisen. We sell Big Apps, not phone apps.
Apt Projects are currently selling shares on line from their TCM Big App Store and are aiming at raising £200,000 for their expansion which includes the creation of ten new jobs and the production of over 4,000 Help Videos.
About Apt Projects Ltd
Apt Projects Limited came about in 1991 as sub-contract company for Davy Offshore which was engaged in North Sea Oil related projects. Tony Rust was first General Manager and then Managing Director. Tony Rust and Chief Programmer Andrew Groom have been working together since 1988 on the development of a variety of software products which have been sold worldwide. The company aim to sell development kits to programmers and those with business know how so that they can develop TCM Big Apps using the TCM software development kit and sell them online through the TCM Big App Store.
About TCM Big Apps
TCM Big Apps are business management software solutions designed for specific types of businesses which run on PCs or server networks. They make life easier by simplifying and automating many of the clerical tasks which are a drag on productivity. TCM Big Apps are full of clever timesaving and easy to use functions which remove work from the user and provide great reports. Examples would be CRM and sales force automation, or a system for a sports club or equipment hire, or tradesman type businesses - plumbers, heating engineers and the like.
About TCM Big App Store
The TCM Big App Store is the only virtual on line 12 floor, 7 acre 700 counter department store. It has lifts and escalators and stairs to move you from floor to floor; Cookery and Sports Demonstration Areas, a pet shop with a rhinoceros and fish racing... it’s a zany marketing approach and we invite additions to the Story of the Store which records the history of this virtual building which has the address ‘Kingsbridge, Central London’.
Contact: Tony Rust
Email: customerservices@tcmbigappstore.com
Telephone: +44 1427 875103
Web: http://www.tcmbigappstore.com
http://www.tcmbigappstore.com/investor.php
http://www.icanbelieveitsnotapple.com
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