Microsoft hires linguist in 'App Store' dispute with Apple

There really seems to be no unique ideas anymore. There is no music and there are few new innovations. Leave it to people to, instead of trying to find cool new things, sue, fight, argue, and complain about little things like this. Money always seems to be an issue.

An application (of something) is a use that can be made of that something.

The term 'application program' uses 'application' adjectivally to qualify 'program'. When one refers to an 'application', meaning a program, one is using a contraction in which the noun 'program' is omitted, which one gets away with, because of familiarity.

Thus the adjectival use of 'application' now takes on the form of a noun, with 'program' implied.

But this is not the same usage of 'application' as the original noun (whose usage implies nothing about there being a 'program'), and the further contraction to 'app' makes this clear, as the same contraction is not used in relation to the original (and more general) use of the word 'application'.

The term 'application program' has been around for a long time, as has, for example, 'application program interface', usually contracted to its abbreviation 'API'. The contraction to 'app' is common parlance, and you can't appropriate that.

As for Windows, Microsoft did not misappropriate the word 'window'. This is '*Microsoft* Windows', not just any old windows. Like, for example, Anglian Windows, a company in East Anglia that installs double-glazing.

If Apple were to use the term 'Apple App', or 'Apple App Store', no one would be bothered. It is because they want to use 'App Store' (ie without qualifying it explicitly as the *Apple* app store) that everyone gets upset.

Apple claims that if they don't get away with ripping off the term 'App Store', everyone will be confused. We will. We will think they are irredeemably arrogant and pueristic.

This coming from the company that trademarked "Windows."

There's more to trademark than priority. Even if Apple was using "App Store" first, that doesn't necessarily mean it can be trademarked, and that's what MS and others are arguing.

Specifically, the argument is that it's "merely descriptive". In general, when common nouns are used as trademarks, they can't be merely descriptive of the products or services being offered. You can't trademark a book store called "Book Store" even if you're the first person to call your store that. (You could trademark a restaurant called "Book Store" because "Book Store" isn't merely descriptive of a restaurant.)

Like it or not, "app" has become the accepted generic term for small applications, especially for mobile platforms. It doesn't really matter who used it first; Apple doesn't have a trademark on "app" itself, and it's in common, uncontested use by lots of people.

That's the reason that so many trademarks (think car models or drug names) are made-up nonsense. It's easy to trademark nonsense. It's harder to trademark common nouns, but downright impossible when the common noun relates to the product being offered ("Apple" for computers is OK; "Apple" for apples is not).

It's pretty unlikely that a trademark on "App Store" for a store that sells apps will be upheld, first use or no, for the same reason a book store called "Book Store" couldn't properly be trademarked.

If MS can trademark Windows, Apple can trademark App Store.

Poor Microsoft. It appears they are late to the party, again.

Did Microsoft trademark the word "Windows" or the term "Microsoft Windows?"

Apple can trademark "Apple App Store."

I can't open a store called "Shoe Store" and then sue all the other shoe stores for describing their stores as shoe stores, I hope....

Please let sanity prevail.

Why can't Microsoft just come up with a better name than "App store" instead?

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It's been "Program Files" to Microsoft for more than a few years. Before the iOS App Store, it was simply programs, software, applications. There was no "fancy" or "cool" thing to call them. Microsoft has some talented employees, no doubt, but they've notorious for trying to copy everyone else's success. How many years did it take them to finally give up trying to reinvent MySpace? Aside from console gaming, they've been lacking in true innovation since...the very beginning of the company's existence. Nearly all of their major accomplishments were either purchased or stolen. It took them 14 years to develop a version of Windows that was mildly stable (unless you count the final updates to 98, XP, and Vista that came just in time to give you a little peace before preparing to upgrade to the next unstable version).

Now they see a popular term being thrown around, and they want it. Big surprise. They don't want Windows Marketplace, Software Store, or any of the incredible combinations of words that have the same meaning. No, they want "App Store." Alright, I get it. While you're at it, you can drop Windows & Office from your list of words that only you're allowed to use.