Microsoft Battles Apple for App Store Trademark
There are claims that Apple should not be able to hold the trademark rights to "App Store" since this phrase has become a generic term.
The objectio
ns have been filed by a company that owns the trademark "Windows".
In a 27-page filing Microsoft argues that "'App' is a common generic name for the goods offered at Apple's store, as shown in dictionary definitions and by widespread use by Apple and others" and that 'Store' is generic for the 'retail store services' for which Apple seeks registration." Since the App Store is in fact a store, the complaint is well-founded, Microsoft said. We have no idea what the final decision on this matter will be and it may all depend on the weather and the mood of a judge to be victorious in this battle.
However, since we know that you can patent virtual everything in this country, and companies have become so bold that they are even trying to patent the essential idea of holding a patent we would not be too surprised if Apple in fact could get the trademark confirmed. It almost sounds silly if a company claims that a certain claim in a trademark or patent is generic. Was it Microsoft that patented the OS shutdown last year?
- app-store ,
- wp7 ,
- iphone ,
- ipad ,
- windows-phone-7
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Go Microsoft!
Woah, woah, woah. Clarify what Apple's trying to trademark here.
If they're trying to trademark "app store" as a method of delivering mobile applications to devices then yes, it's too generic to hold a singular trademark over.
However, if they're trying to trademark "App Store" then that's nothing more than their chosen brand identity for their specific implementation of mobile application purchase and distribution.
And in that case, Microsoft don't have a leg to stand on sorry - it's a brand. They gonna try and block Google trademarking "Marketplace" next because the concept of purchasing goods in an open market environment is too generic a phrase?
Sorry Microsoft, you just don't trademark and patent troll as well as Apple.
Yay more spam!
On a side note.. Go Microsoft!
I wonder how many mac fags are kicking up a fuss?
...However, if they're trying to trademark "App Store" then that's nothing more than their chosen brand identity for their specific implementation of mobile application purchase and distribution.And in that case, Microsoft don't have a leg to stand on sorry - it's a brand. They gonna try and block Google trademarking "Marketplace" next because the concept of purchasing goods in an open market environment is too generic a phrase?Sorry Microsoft, you just don't trademark and patent troll as well as Apple.
To some extent I agree, in that just because a name is descriptive doesn't mean it's 'wrong' to trademark it (e.g. the Carphone Warehouse is arguably a warehouse with carphones (and other mobiles) in it) - there might be a leg to stand on though (in my view) if-
(1) it really is very descriptive without any unnatural construction, or more so if there's any existing usage of those terms; and
(2) there's no protection in place before such time that those names are indistinguishable from the generic term.
Sort of like the 'yo yo' or 'hoover' (there is a term for it but I can't remember it) - here it might, at a push, apply if the most natural way to describe say the Umbuntu app store to describe the place you get Umbuntu apps from. If Apple didn't get protection in place before publicising things then they were rather lax, if they did then they should probably crack down now while they still can.
meh... Apple will get the patent... if not they will rename to iAppStore - job done... what's the fuss all about?
Whilst both forms of imaginary property are getting increasingly ridiculous, patents and trademarks are two entirely different things!