Microsoft Fights Apple Trademark on 'App Store'

PCWorld Magazine ^ | January 12, 2011 | By Stephen Lawson, IDG News

[Swordmaker]

Microsoft is asking the U.S. Patent and Trademark Office to deny Apple a trademark on the name "App Store," saying the term is generic and competitors should be able to use it.

Apple applied for the trademark in 2008 for goods and services including "retail store services featuring computer software provided via the internet and other computer and electronic communication networks" and other related offerings. Apple launched its App Store for the iPhone that year along with its iPhone 3G. The store is now available on any device that runs the company's iOS software, namely the iPod Touch and iPad, and Apple introduced its Mac App Store earlier this month.

On Tuesday, Microsoft filed a motion for summary judgment with the agency's Trademark Trial and Appeal Board, asking it to deny the trademark to Apple. The status page for Apple's trademark request says "an opposition is now pending" at the trial board. The Seattle-based news site TechFlashPodcast reported on Microsoft's filing on Tuesday and provided a link to Microsoft's filing.

In its motion, Microsoft said "app" is a generic term for what is sold at the App Store and that "store" is generic for retail store services. Apple's archrival also attempted to use CEO Steve Jobs' own words against him, citing a published interview that quoted Jobs as saying "Amazon, Verizon and Vodafone have all announced that they are creating their own app stores for Android."

[USNBandit]

Apple and MS should come to an agreement. Apple gets App Store and Microsoft can trademark “Blue Screen of Death.”

[Swordmaker]

Microsoft objects to Apple trademarking "App Store," says the phrase should be generic!—PING!

Please! No Flame Wars!
Discuss technical issues, software, and hardware.
Don't attack people!

Don't respond to the Anti-Apple Thread Trolls!
PLEASE, IGNORE THEM!!!

Apple Ping!

If you want on or off the Mac Ping List, Freepmail me.

[AFreeBird]

In keeping with the new kinder gentler national narrative; the words Flame, War, and attack (in any combination), will no longer be tolerated. As they may incite violence.

Thank you for your consideration in this matter - Have a Nice Day!

;-)

[KoRn]

I’m sure someone could make a similar argument regarding “Internet Explorer”.

[freekitty]

Trademarks are odd things according to the law. I believe there are two types and it’s beginning to look like generic doesn’t mean what it used to.

[conservatism_IS_compassion]

Apple's archrival also attempted to use CEO Steve Jobs' own words against him, citing a published interview that quoted Jobs as saying "Amazon, Verizon and Vodafone have all announced that they are creating their own app stores for Android."

I gotta say, that's a pretty strong argument . . .

[PA Engineer]

Microsoft is asking the U.S. Patent and Trademark Office to deny Apple a trademark on the name "App Store," saying the term is generic and competitors should be able to use it.

Then what is this?

[Terpfen]

Microsoft has a point here. How can one trademark a generic term like “App Store”? Might as well apply for trademarks for other generic terms, like “Windows” and “Office”.

Oh, wait.

[roadcat]

Oh come on Microsoft, quit copying Apple and create your own stuff! I'll give you a name you can trademark. Apple uses "App", the 1st few letters of their name, quite a clever play on words. Microsoft sells PC related software, how about this:

PMS Store

[Domandred]

retail store services featuring computer software provided via the internet and other computer and electronic communication networks

That actually covers a lot more than just Apple's or Microsoft's sites. That goes through and we'll see Apple pulling patent cases similar to RightHaven's copyright lawsuits.

[Zathras]

Based on previous ruling, ie 486 case, MS probably has a valid point. Unless you (tm) text and protected it, it falls to public doman.

However since Apple is considered in the minds of most people, the smaller company, they probably have a legal advantage.

Either way, a bunch of lawyers are going to get very rich.

[Hatteras]

As the father of one graduate and one undergrad studying in Boone, they can kiss my big ol’ butt. There’s only one App!

[Richard Kimball]

Microsoft also copyrighted “Office” and “Word.”

[dangerdoc]

How about:

The Microsoft mercantile establishment for the distribution of programs that gives a computer instructions that provide the user with tools to accomplish a task

It just rolls off the tongue. Maybe I need to trademark that before it is stolen.

[dangerdoc]

Absolutely right, I remember searching for Apps for my Handspring Palm OS machine a decade ago. I can’t believe Apple stole it.

[dfwgator]

Microsoft Patents Ones, Zeroes

http://www.theonion.com/articles/microsoft-patents-ones-zeroes,599/

[SunkenCiv]

I don’t understand this — they could use a much more descriptive and more widely recognized name for it, like, such as, for example, “The Zune Store”.

[Ronin]

Why is this even an issue. If I was running Microsoft, I’d just call it the “Win Store”. Nice positive sounding name. For Android “Droid Mart” would work fine. Short, sassy and easy to remember.

If we could just retrain 90% of the lawyers into more productive professions, the world would be a much nicer place.

[Revolting cat!]

I’m applying for trademark on “Blood Libel”.