Microsoft Bares Fangs to Block Apple Trademark

Tom Goldman

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Aug 17, 2009
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Microsoft Bares Fangs to Block Apple Trademark



Microsoft hopes to prevent Apple from owning the term "App Store" so it can sell apps aplenty of its own.

In 2008, Apple filed for a trademark on the name "App Store," which is the title of its popular digital distribution storefront for iOS platforms like the iPhone and iPad that also recently launched for Mac OS X [http://www.escapistmagazine.com/news/view/106732-Pirates-Crack-Mac-App-Store-Within-Hours]. Microsoft has put a plan in motion to stop Apple from acquiring a trademark on this term, saying that it's too common for any one company to own.

Microsoft filed a motion with the U.S. Patent and Trademark Office's appeal board that asks Apple be denied the "App Store" trademark. The motion claims that "app" and "store" are both generic terms that refer to a piece of software and the place goods are bought. Microsoft also cites an interview with Steve Jobs where he says that other companies are launching their own "app stores," making the term out to be more than a single entity's.

The Windows developer made a statement that reads: "App store' is a generic name that Apple should not be permitted to usurp for its exclusive use. Competitors should be free to use 'app store' to identify their own stores and the services offered in conjunction with those stores."

The bid is likely related to Microsoft's launch [http://www.escapistmagazine.com/news/view/104270-Microsoft-Xbox-Phone-Launch-Bigger-Than-Xbox-360s] of Windows Phone 7, its own mobile platform. Microsoft might want to use the term "App Store" to make the Windows Phone Marketplace more appealing to consumers.

Apple is definitely responsible for the widespread use of "App Store," but Microsoft has a point that "app" is a pretty generic term as the shortened version of "application." In a way, granting Apple a trademark for "App Store" seems like granting a butcher a trademark for "Meat Store."

Source: PC World [http://www.pcworld.com/businesscenter/article/216532/microsoft_fights_apple_trademark_on_app_store.html]

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AzrealMaximillion

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Jan 20, 2010
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MS may actually win this one. Letting Apple take "App Store" would let so many other businesses do stupid things. Imagine the stupid lawsuits if GameStop tried to trademark, "Trade-In".
 

GiantRaven

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Dec 5, 2010
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As far as I'm concerned, Microsoft would probably be better off coming up with a name better than 'App Store'. I mean how dull does that sound?
 

A Pious Cultist

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Jul 4, 2009
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Nope. No one really used the term "app" with the exception of Java applets before Apple really. We normally just called it "software" and "programs". Let 'em have the term.
 

Sparrow

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Feb 22, 2009
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I'm kind of with Microsoft here. Although they popularized the use of it, it's far too common a term to trademark.
 

Veloxe

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Oct 5, 2010
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Although I understand the ramifications for other companies but I do think apple should get the rights to "app store" since, for the most part, they are the reason it is now so common in the language.
 

Super Toast

Supreme Overlord of the Basement
Dec 10, 2009
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It's too common a word to trademark if you ask me. This actually kinda reminds me of that dickhead who tried to patent the word 'Edge'. The difference here is that Apple has an army of lawyers.
 

Trogdor1138

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May 28, 2010
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Agreed with Microsoft on this one, even as a Mac owner (that is thankfully unbiased).

It's too broad to really use properly for one company. That would be like Apple trying to ban anybody having photos of an Apple.
 

Disaster Button

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Feb 18, 2009
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henritje said:
couldnt apple use a more original name like "iBuy" or "iStore"?
Don't they already use iStore in regards to the iTunes Store?

I've never heard "app" being used in regards to anything but Apple Applications, it seems anything but generic to me, so I don't think Microsoft should win this. Plus Apple owns my soul.
 

manythings

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Nov 7, 2009
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AzrealMaximillion said:
MS may actually win this one. Letting Apple take "App Store" would let so many other businesses do stupid things. Imagine the stupid lawsuits if GameStop tried to trademark, "Trade-In".
It would be an even worse precedent. "App Store" is a descriptor which would make it plausible to trademark "Dry Cleaners" or "Restaurant".

Wolfram01 said:
I'm going to trademark Hardware Store.
Fuck, Ninja'd.
 

Nalgas D. Lemur

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Nov 20, 2009
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Sounds like a reasonable argument to me. I hope they voluntarily give up their Windows trademark while they're at it, though, if trademarking common/widely used computer terms is such a bad idea...
 
Jan 13, 2010
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Although I am an Apple fan, and somewhat dislike Microsoft and it's practices, I have to support M$ this time arround. Besides being a common term that describes how it is used, it has already been shown in the case of BLU-Ray, that you can't trademark a phrase of common words, since the name could describe any device with a blue ray laser.

Hopefully Microsoft wins this battle so we can throw it back in their face, and have them lose the trademark on "Windows".
 

Alandoril

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Jul 19, 2010
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Microsoft are right in this instance. It would be absurd to let Apple trademark a generic term.
 

Jamash

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Jun 25, 2008
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I wonder if Apple will argue that the "App" in their trademark is a shortened form of "Apple", not "Application".

Maybe Apple could have the "App-App Store" while Microsoft (and anyone else) could use the generic and boring "App Store".