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GetJar unruffled by Apple's 'app store' cease and desist demand

by Khidr Suleman

11 Jul 2011

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Mobile application provider GetJar has hit back at Apple after the company threatened the firm with legal action for using the term 'app store'.

Apple sent a cease and desist order to GetJar on 22 June, but Apple has not been in touch since it lost an injunction attempt to stop Amazon using the same term.

Patrick Mork, chief marketing officer at GetJar, claimed that the company will not be bullied and will continue to use the term in light of the ruling against Apple.

"We're not going to ‘Cease & Desist'. We were here long before Steve and 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," he said on the GetJar blog.

"As a matter of fact, we're hereby starting a Facebook Cause called The Open And Free App Movement (#OFAM) to encourage every pissed off developer, startup, carrier, OEM or NGO who is fed up with this crap to make their voice heard."

Mork also told V3.co.uk that GetJar will defend itself because the term 'app store' is widely used and because of the ruling in the case between Apple and Amazon.

"Apple has not been in touch with us since it failed in its bid to get a preliminary injunction. We will be keeping a close eye on the Amazon situation and believe we have a good case going forward," he said.

"GetJar has been distributing apps since 2005, and for Steve Jobs to tell us to stop using the term 'app store' is like Sainsbury's asking Tesco to not use the word ‘supermarket'."

GetJar claims to be the world's largest free app store, and has clocked up over two billion downloads to date. The firm distributes over 150,000 mobile applications across various operating systems, including Android, BlackBerry, Java, Symbian and the mobile web.

The GetJar app store also points iPhone users in the direction of Apple's App Store, and will continue to do so, Mork confirmed.

Apple's belief that it has exclusive rights to the term 'app store' was dealt a major blow last week when when US district judge Phyllis Hamilton ruled that the term is "more descriptive rather than distinctive".

The judge refused to grant Apple a preliminary injunction and a trial is set to begin in October.

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