Microsoft Bares Fangs to Block Apple Trademark
- Thread starter Tom Goldman
- Start date
I have to agree with the author here. Apple is too big and would abuse the whole App thing considering it's widespread use outside of the Apple brand. I've used the word 'App' long before the iCraze began and use of the moniker on things like Droid phones or future hardware is too broad to allow one company to dominate.
Apple already has their iCrap branding. They should just stick with that and call it the iStore or something. It speaks more to their great imaginative marketers...
Apple already has their iCrap branding. They should just stick with that and call it the iStore or something. It speaks more to their great imaginative marketers...
Or granting the maker of but one of several windowed operating systems the trademark, "Windows"?Tom Goldman said:
Alandoril said:
Squid94 said:
Trogdor1138 said:
How generic, broad or general is "Windows"?legendarytomuk said:
I agree with MS, plus I doubt it would hurt appe as popular as they are. The can still name it "i-something" and nobody would really care.
To people who claimed that since Apple made "app store" famous they should get rights; that's now how trademark law works. Generally first users do get the rights, but this is a case of mismanagement of a brand. I think that a strong argument could be made that Apple has let the term "app store" commit genericide.
Someone above pointed out how aspirin did that, another example is the word escalator. Otis Elevator Co. invented the escalator and coined the term, but they didn't do anything to keep others from using the term or provide any alternatives for people to use. For that reason the next person to come along didn't have anything to call their "moving staircase" but an escalator.
Also arguments that MS should come up with some different but similar term like "App Market" isn't very good because US trademark law provides protection against others using confusingly similar marks. If Apple got this trademark they'd probably be able to sue anyone who tried using terms like App Market as a confusingly similar mark.
Given all of that I think MS will win this suit, and it's probably best that they do.
Someone above pointed out how aspirin did that, another example is the word escalator. Otis Elevator Co. invented the escalator and coined the term, but they didn't do anything to keep others from using the term or provide any alternatives for people to use. For that reason the next person to come along didn't have anything to call their "moving staircase" but an escalator.
Also arguments that MS should come up with some different but similar term like "App Market" isn't very good because US trademark law provides protection against others using confusingly similar marks. If Apple got this trademark they'd probably be able to sue anyone who tried using terms like App Market as a confusingly similar mark.
Given all of that I think MS will win this suit, and it's probably best that they do.
I'd be pretty certain if a window store named their store "Windows" microsoft wouldn't waste their time trying to prosecute, would simply be bad PR for them. If another software/os suite was released using the name "Windows" is a completely different situation.SaintWaldo said:
There was a SIMILAR case of this in Australia where a local shop owner named his shop "Hungry eat at Jacks" with the 'eat at' part much smaller making the store look like a Hungry Jacks. (the Australian version of burger king for everyone else).
Courts decided in the local store owners favour as he was simply naming the store after his name.
This makes me want to tempt fate and open a window store....
That's not exactly a counter argument in the discussion at hand is it? I mean if you want to make and distribute an OS and put Windows in the name you can sue and try arguing that Windows is a generic term. However, I'm not sure that'd have any bearing either way on if app store is also generic.SaintWaldo said:
I'm no expert on Operating Systems, but at the time that Microsoft registered the name was there some plethora of Windowed operating systems that were suddenly hurt by their registration. And, even since then is there no real alternative to the term "Window" to describe the space taken by a program onscreen? I don't know, but I do think you could argue that the term Window has gone generic for desktop space the same way you could argue Kleenex and Coke have gone generic in describing tissues and cola. The real hurdle I think is that there are so many alternatives because those brands are so well managed, Windows included, that it'd be difficult to show why you were at a disadvantage by NOT using the term windows.
Yeah I agree with Microsoft on this one. Trade marking something as general as "app store" seems like a silly thing for Apple to even consider.
This has nothing to do with the case at hand. The trademark for "Windows" is specific to the trade microsoft operates in (ie. software development and publishing). It has no effect on anybody selling glas that is in a frame. Trademarking the word "app store" however has, as it went into general use of language and wouldn't allow anybody to use this term to describe the exact same thing. If this trademark is given, you still could create a physical store named "app store" selling whatever an "app" physically would be.SaintWaldo said:
"App" is just a short form of "Application", and at least since Windows 95, programs were officially called that.A Pious Cultist said:
I agree that Microsoft might come up with a better name for it. Thinking about it, even Microsoft Store would be better.
The thing is, though, that they are in fact right. If this patent is granted, anyone could trademark any expression.
Actually, Microsoft is defending Android here, too.
If they wanted to name it "Apple Store" they might have a leg to stand on. I hear people with other brands of phone still refer to their applications (or programs, whatever you want to call them) as "apps" and not programs. This really sounds like a ploy to confuse people to me. If you want an "app" you would go to the "app store," but if that's an i-thing only store, they may make incorrect assumptions.
they should call it the"go fuck yourself hipster douchebags STORE"
heh just kidding
but seriously though their way better of invented a slick new name
heh just kidding
but seriously though their way better of invented a slick new name
what about "Application Station!" Watch as Microsoft steals my idea and then sues me to keep me from profiting!