Apple to trademark distinctive retail store layout

Patently Apple points out another Apple filing today, this time in reference to the retail stores. Specifically, Apple is looking to trademark the "distinctive design and layout" that they've cultivated since opening their first retail location in 2001. The filing provides two sketches -- one in full color and the other in black-and-white -- and a photo depicting the typical exterior and interior of Apple Stores.
On one hand, you've got to wonder exactly how "distinctive" a retail store's interior can be. You've got counters, products, stools and a checkout/desk area. On the other hand, consider the fervor that accompanied the opening of the first Microsoft stores, which bear a striking resemblance to Apple's outlets. Not that they're targeting Microsoft specifically, but any company that would blatantly mimic their successful model.
I wonder if the trademark addresses the dancing.
[Via MacDailyNews]
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Patently Apple points out another Apple filing today, this time in reference to the retail stores. Specifically, Apple is looking to...
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Maybe PC manufacturers should start suing Apple for infringing into PC manufacturing by essentially becoming a PC, instead of just being what they were before, a MAC computer with its proprietary components. They have assimilated everything a PC has. USB ports, Intel processors, DDr Ram memory, PCI Express video.
May 22 2010 at 4:14 PM Report abuse Permalink rate up rate down ReplyPeople who live in glass houses...
May 22 2010 at 1:42 PM Report abuse Permalink rate up rate down ReplyApple stores look a lot like the Gateway stores that preceded them. This is like Apple suing others over the mouse idea they stole from Xerox. The legendary stupidity of the US Patent and Trademark offices: patents for 'swinging on a swing sideways', 'using a laser pointer to exercise your cat', 'dunking chocolate chip cookies in milk', giving Amazon a trademark on "the shopping cart"(and how long has that been around?). Apple doesn't sell well in Europe and Asia because they cannot enforce monopoly with lawsuits.
May 22 2010 at 7:46 AM Report abuse Permalink rate up rate down ReplyThe new Apple Store near me (larger space in same mall it was in before) doesn't have a checkout counter as such. Any staffer can ring you up on his/her iPhone. I generally have them email me my receipt, but on iPad day 1 they were giving paper receipts--the guy just reached under the nearest product display table, where a receipt printer was hidden. No obvious cash-wrap is a distinctive design approach for retail.
May 20 2010 at 1:06 AM Report abuse Permalink rate up rate down ReplyRemember trade-maqrks are LIMITED to named wares and services. So someone might be able to open up a store with the EXACT same trade-dress that sells something different like cosmetics etc.
P.S. Come to think of it. I have seen Apple's trade dress BEFORE Apple used it in stores that do not compete with Apple.
I'd say that the Apple Stores emulate high-end fashion boutiques.
May 19 2010 at 5:36 PM Report abuse Permalink rate up rate down ReplyWouldn't GAP be prior art?
May 19 2010 at 5:22 PM Report abuse Permalink rate up rate down ReplyNot to be persnickity, but prior art refers to patents.
Prior use refers to trademarks
trade dress requires distinctiveness and a manner of appearance for a store that is distinctive to that brand is trademarkable as trade dress.
I for one, have never confused GAP for Apple or vice versa.
To look at the Scottsdale MS retail store screams confusiingly similar to me.
typooooooooooooooooooooooomg you guys have typos every day but THIS _THIS_ takes tha cake! get it together tuaw!
May 19 2010 at 4:55 PM Report abuse Permalink rate up rate down ReplyIt would be interesting to compare revenue earned per square foot between the average Apple store and the average Microsoft store. Supposedly, on average, Apple stores earn more per square foot than Tiffany's.
As for patents, I'm pretty sure this one won't be granted. Apple's retail management came from The Gap, and Target, so they didn't design the Apple stores using any radical newbie ideas.
Its not a patent filing, its a trademark filing. And this kind of thing is pretty routine, especially among chain restaurants.
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