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Microsoft files objection to Apple's "App Store" trademark application

The happy holidays are obviously over; the AT&T / Verizon sniping is going to reach a fever pitch soon, and Microsoft wants to deny Apple a trademark.

The latest skirmish in the lawsuit battles comes against Apple's application for a trademark on the term "App Store." Apple had applied for this trademark soon after the original iPhone App Store launched in mid-2008, with the application describing the App Store in almost computer-like terms: "retail store services featuring computer software..."

Microsoft has filed a motion for a summary judgment to deny Apple the App Store trademark. The Monday filing states that "app store is generic for retail store services featuring apps" and suggests that the term cannot be registered. To add insult to injury, the motion quotes Steve Jobs using the term generically to describe "app stores for Android."

The big bad purveyor of Windows states that Apple is preventing other companies from using the term "app store." Part of the motion states that "Microsoft would like the ability to use 'app store' to fairly describe its own retail store services for apps, but Apple asserts that such uses are infringements of its rights...." We'll have to wait and see how this one shakes out.

[via AppleInsider]



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Apple App Store

The happy holidays are obviously over; the AT&T / Verizon sniping is going to reach a fever pitch soon, and Microsoft wants to deny...
 

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tuaw

The term "app" has a long history prior to Apple's use of it. Both app and application have been used in the Unix/Linux world for many years. Apple got the terminology from there.

January 13 2011 at 4:27 PM Report abuse rate up rate down Reply
Ec92009

Add Shrek called. He wants his picture back.

January 13 2011 at 2:07 PM Report abuse rate up rate down Reply
davjaxn

I wonder why MS didn't want to use the term "App Store" before 2008? Haven't they been in the mobile softwar business a lomg time?

January 12 2011 at 9:35 PM Report abuse rate up rate down Reply
rogerruthberg

I call on my brethren on the Council Of Elders for a point of clarification: I distinctly recall the term "killer app" back in the 80's (no sniggering, young 'uns!), and I recall it being associated with the Macintosh platform. The app in question was, I believe, Lotus 1-2-3, but I'm a little fuzzy on that. Point being, the term app has been around a long time. And possibly linked to the Macintosh platform just as long. Maybe. Or maybe I'm starting to make things up in my old age.

January 12 2011 at 9:28 PM Report abuse rate up rate down Reply
Shane

So windows should now trademark "programs" then??

January 12 2011 at 9:12 PM Report abuse rate up rate down Reply
AppleTroll

OMG, you apple fan boyz are such a bunch of old hens clucking about MS et al. App = Applications. It's a generic term. Get over it. Ugh.

January 12 2011 at 8:35 PM Report abuse rate up rate down Reply
2 replies to AppleTroll's comment
maxats

No, programs is generic. Application is specific to Mac. Therefore, trademarkable.

January 12 2011 at 9:34 PM Report abuse rate up rate down Reply
mark

Mentions of Apple @ http://en.wikipedia.org/wiki/Application_software = 0
Mentions of Microsoft @ http://en.wikipedia.org/wiki/Application_software = 3

How is application Apple specific again?

I've used applications as far back as I can remember, pre-dating Windows & Mac OS by some years! Yepp, we called them Apps back then too!

January 13 2011 at 12:01 PM Report abuse rate up rate down Reply
Brian

hmm sorry the html tag didn't work?
Sorry, this news story http://www.boingboing.net/2011/01/11/jeff-koons-claims-to.html
Brian

January 12 2011 at 7:18 PM Report abuse rate up rate down Reply
Brian

I think this news story illustrates perfectly why this is ridiculous.

Trademarking, IP law, copyrighting etc has all gone far too crazy.
Only the lawyers are happy.

Brian

January 12 2011 at 7:17 PM Report abuse rate up rate down Reply
imperahimperah

Microsoft should stop being Sad Suzy Sourpuss, grow a pair and stop being meddling in others affairs.

January 12 2011 at 4:00 PM Report abuse rate up rate down Reply
cinnamonaldehyde

I love my iPhone and the iPad is great. However, I applaud M$ (and I almost never do) for objecting. Generic is generic. Indeed, the term "app store" has already become like other iconic brand names that have become words, and so was unlikely to last as a trademark.

January 12 2011 at 3:51 PM Report abuse rate up rate down Reply
1 reply to cinnamonaldehyde's comment
maxats

Because someone/Apple was sooooo successful with their App marketing campaign, you want to penalize them by taking their trademark away? Doesn't make sense... intellectual property is intellectual property.

January 12 2011 at 9:33 PM Report abuse rate up rate down Reply
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