Covarr said:
Skeleon said:
Here's a list of Apple's Trademarks [http://www.apple.com/legal/trademark/appletmlist.html], which
does include App Store℠... however, the fact that they're using the ℠ symbol instead of ® suggests that it's not a
registered service mark, and it may not hold any legal weight.
P.S. Thanks
They've filed with the United States Patent and Trademark Office. Their claim has been opposed, and may not ever become a valid mark. Even then, patents and trademarks can be revoked or challenged after the fact.
Anywhere, there's the basic info.
Skeleon said:
Ah, interesting. I'll be honest, I thought their trademark was for "Apple App Store". But that makes you wonder: Could they even get something as basic as "App Store" as a registered trademark? Considering the court's decision, I'm guessing no...
Yes and no. They can file for it for sure, but in the end, it comes down to the fallibility of the humans who judge these things. In other words, there's no definitive answer. However, cases like the one listed (the ruling on false advertising) do offer up a ray of common sense in the often dark world of litigation.
Plus, even if they did win it, there's already an argument for ubiquity, which weakens any trademark. Trademark erosion can lead to the loss of legal protection, such as with the "Thermos."