News Microsoft Seeks to Block Apple App Store Trademark

Apple will probably want to take this to the iCourt...

In other news, I agree with the general consensus that Apple shouldn't be allowed this trademark.

 

"App" and "store", generic terms? What, like "windows", "word", "excel" & "office"?

 

well yes the term appstore is pretty generic.

whereas windows isn't a generic term for a operating system
and excel isn't a generic term for a spreadsheet application.

office is a generic term for a office suite, just look at the number of available applications that are called office suites, there are dozens of them.

it may come down to whether the court deems the app store as a generic term for what the app store is, and i suspect they will.

 

Trademarks are all about the context.

Before Microsoft, "windows", "word", "excel" and "office" weren't words meaning an OS, word processing, spreadsheet and desktop suite (respectively). Microsoft took these words, used them in a different way/context, and thus were able to TM them in this new way/context.

And clearly, these words are only TMed within this context. So you couldn't create a spreadsheet package and call it Excel. You could, though, setup a business/piece of software in hundreds of non-spreadsheet niches and have Excel in the name. Since, again it's all about the context.

Which is how, e.g., Games Workshop hold the TM for the term "Tau" (in a tabletop wargaming context). Obviously this doesn't mean that Tau is no longer a letter of the Greek alphabet or the name of the Tel-Aviv University.

Again, it's all about the context.

In the case of "app store", an app is well known as a general application/piece of software. And an app store - obviously - sells apps.

Apple didn't create the term "app store" in this context (since it's generic and existed before Apple started using this phrase), and hence to allow a TM for it would be insane.

It seems pretty arrogant of Apple to try and trademark this term. Here's hoping it gets turned down.

 

Ridiculous patent request.

 

It's not a patent request (or a patend) it's a trademark application. As far as I'm aware, apple were the first people to use the specific term of "app store" in an offical name, although I doubt they were the first to glue those to words together in that context, which makes it a crappy application.

So given that Apple "were first" and let's face it, they did create the entire "app" industry (in the context of easy to access on demand low cost mobile apps for jor everyman), I'm afraid the trademark could well be granted. (but it wouldn't if I was Queen of the world)

Not that it'll make the blindest bit of difference to how people talk about the app store on their Win7 phones, but it could force companies to come up with their own names.

Like Valve and Steam - Now that's a brilliant combination that works together.

Taking that line of association what would other companies use...

Windows could have - Air (Maybe do a deal with Adobe)
Sun could have - Photons
Adobe could have - Mud houses (Hmmm have to work on that one)
Google could have - Millions (? tricky one)
RIM / Blackberry could have - Juice
Amazon could have - Pygmies (Or Piranhas)

 

Thank you for pointing that out (come on, people, why did it take that long?)

A trademark is 'a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.' (thanks, Wikipedia) Patents cover inventions and methods (like the moron who patented swinging side-to-side on a swing, one of the better examples of how broken the US patent system has become.)

Personally, I find it funny that MS is the one objecting, but doesn't try to use the term itself. It has a Zune Marketplace (they do still have that, right?). If anything, I would have thought Google would be the objector here.

At any rate, it's incredibly arrogant of Apple, but does it honestly surprise anyone? Thinking on it now, the only surprise is that they didn't try to stick an 'i' in the name somewhere.

 

All I know is that the trademark banter is really getting to the point that people are nearly no longer speaking English. You can (practically) hold an entire conversation now without using words from the English language. I especially detest marketing slogans that combine words to make up some new word - they think its clever, I think its a slap in the intellectual face of mankind.

Marketing slogans, Trademarks - ultimately a way to sell you some sh!t you really dont need...

 

Why? Google's 'app store' is known as the marketplace.

This is as ridiculous as Apple trying to have exclusivity over the letter 'i' as a prefix to anything. You have to wonder who is getting paid to sit about and come up with crap like this to waste their time. I want that guy's job "TM iElectricity? why not!, patent magnets? sure."

 

Steve Jobs is an iPrick, being mild. Next he will try to patent the word "apple" and force the world to come up with a new name for the fruit.

 

iSac Newton wont be amused.

 

I'm with MS on this one! I just hope that they win and then decided not to use "app store" for their app store. Maybe something else like:

Wapp Store?
Mapp Store
M.A.C Store (Microsoft App Central) lol that would be two fingers to apple

 

Perhaps Microsoft should spend all that time and money developing and marketing their own Zune store. All this lawsuit does is put Apple's app store more firmly on the public's consciousness.

Guinevere is right. Microsoft needs to just come up with its own resonant name.

It's a pity that Microsoft decided to refer to the squares in Windows Mobile 7 as 'tiles'. Should have called them 'panes' (window panes, see what I did there?). Since the GUI is called 'Metro', the shop could be 'Metro Station'. A physical Microsoft outlet could be a 'Metro Cafe'. The equivalent of Apple Geniuses could be Microsoft Barrista's. They could actually serve coffee at the same counter that they help you with your software queries/needs.

 

Isn't it a little like hoover Hoover

 

No, Hoover was a trade mark that became genericized. Like biro, tip-ex, pogo stick. http://en.wikipedia.org/wiki/Genericized_trademark

 

Is there an app for that?

 

"Apple App Store" - Trademarkable.
"App Store" - Too generic.

Simple