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Apple Defends Against Microsoft in 'App Store' Trademark Dispute

mKTank said:
No. Microsoft will stick with Marketplace.
Click to expand...

So why are they making this such a big deal?

Because no one knows of their "MarketPlace". Why can't they promote M-P to the level (or beyond) AppStore for Apple?

I'll tell you why again, because they want to be able to say "Buy that app in our App Store MarketPlace" Or something cheesy along those lines. If they were smart they'd come up with better promotion.

Buy XYZ exclusively in the MarketPlace only on Windows Mobile. Idk I'm not getting paid to come up with catch phrases for them.

Oh and I meant Android Market for Android Lol.
 
iTravis said:
So why are they making this such a big deal?

Because no one knows of their "MarketPlace". Why can't they promote M-P to the level (or beyond) AppStore for Apple?

I'll tell you why again, because they want to be able to say "Buy that app in our App Store MarketPlace" Or something cheesy along those lines. If they were smart they'd come up with better promotion.

Buy XYZ exclusively in the MarketPlace only on Windows Mobile. Idk I'm not getting paid to come up with catch phrases for them.

Oh and I meant Android Market for Android Lol.
Click to expand...

Apple is a competitor and thus making them lose money and thus morale is probably worth it.

Also, plenty of people know of the Marketplace. Maybe not here, but at least at real forums like XDA.
 
patent and trademarks

patents and trademarks have gotten out of hand in my opinion and can actually stifle innovation.

Software patents, trademarks, service marks, gestures... many examples of absurd 'intellectual property' out there. Minority Report displayed many gestures before Apple got to claim ownership of them.

I've tried to patent software and ideas before but I don't have the deep pockets of Apple. I was told that software patents are getting harder and harder to get, yet Apple seems to get a lot of them. Why? Because they can fund them. A few thousand for a patent application is nothing to their company.. but it's a lot to a private developers trying to obtain a patent.

Also, I called my Apps "Apps" back when I used my Palm Treo, well before the iPhone was released.

I'm with Microsoft on this one. .. or rather with no one. No on should own the term "App Store"
 
Reading page 7 of this thread, this is the ad I saw on the bottom:

2qixmdy.png


LOL.
 
can't believe that..

as we have APPs, they have EXEs right? :) What is "App" in fact? A shortcut to Application. "App" is Apples very own expression..
meanwhile "Windows" is truly generic.

I'm laughing loud Microsoft.. you poor dumbs! :D

btw. Apple was so kind to let "podcast" go generic. Kudos :apple:

FU Microsoft! :D
 
tobian said:
as we have APPs, they have EXEs right? :) What is "App" in fact? A shortcut to Application. "App" is Apples very own expression..
meanwhile "Windows" is truly generic.

I'm laughing loud Microsoft.. you poor dumbs! :D

btw. Apple was so kind to let "podcast" go generic. Kudos :apple:

FU Microsoft! :D
Click to expand...

Um...

hirf.png


Um...

App Store stands for App store. That's it. That's why it's a dumb name to trademark.

As opposed to Windows stands for an operating system made by Microsoft and Office stands for a productivity suite made by Microsoft.

The term 'Windows' doesn't even begin to describe that the product is an OS, nor what the OS does, nor anything. It's just a metaphorical name based around some UI elements.

In contrast, the term 'App Store' completely describes that the service is an application store, and it describes what it does (a storefront for applications.) It's like naming Subway "Sandwich Store" or naming UPS "Delivery Courier" and then trademarking it. It's stupid. I'm surprised Apple's rebuttal completely ignored this.


But of course people completely ignore this and alas you'll see a million more posts with people going 'hurr durr windoze is such an original naem lolz'
Click to expand...

Great job reading.
 
Pretty safe to say...

...that 99% of the crap posted in this thread has no relation to the legal case. And 99% of the posters don't have to desire to learn the particulars of the legal points. Aggressively ignorant.
 
iTravis said:
Yeah you would be able to say that.

If you go around saying "Purchase XYZ in The AppStore on :blank device that isn't iOS:, THEN Apple will/can come knocking. Apple don't want people (other companies) to use App Store as a selling point for their Application store. Not your Apps that you make for whatever device. Furthermore if you're a developer you'd know which store is which. Android -> Market. Apple -> AppStore ETC.

Microsoft honestly just want to be able to use it somewhere "Windows Phone AppStore" :rolleyes: I bet everyone this is what'll happen IF they do in fact win this. Rotf Pathetic.
Click to expand...

Actually, I would imagine you couldn't say that.

Apple wants the "App Store" trademark specifically so competitors can't say "Purchase XYZ in our app store." They want to be the only ones allowed to use the phrase "app store" in their branding.

"AppStore" isn't anything, the trademark application is for "App Store." Apple has never used the two terms concatenated in that way.
 
pr5owner said:
well i understand some people dont like to think for themselves and thats fine, but i would much rather have the latest and greatest, thats certainly not apple, and its certainly not GM
Click to expand...

The latest and greatest hardware makes a good placemat. I'll choose software

But I'd argue apples hardware IS the greatest. Try and find another notebook that's better built than the macbook pro (that isn't a crappy attempt to copy it). Apple's build quality rocks. And that's just a plus to having the most user friendly, virus free, clutter free, integrated, reliable software that comes with the highest rated customer service in the world. With all those advantages, you have a computer that's worth >3x the $$$ of a pc. Apple's pricing is a steal in my opinion
 
bassfingers said:
The latest and greatest hardware makes a good placemat. I'll choose software

But I'd argue apples hardware IS the greatest. Try and find another notebook that's better built than the macbook pro (that isn't a crappy attempt to copy it). Apple's build quality rocks. And that's just a plus to having the most user friendly, virus free, clutter free, integrated, reliable software that comes with the highest rated customer service in the world. With all those advantages, you have a computer that's worth >3x the $$$ of a pc. Apple's pricing is a steal in my opinion
Click to expand...

That's why they're getting away with charging a ton of money for absolute garbage. It's because people like you have absolutely no problem with it.
 
bananasquiddly said:
Actually, I would imagine you couldn't say that.

Apple wants the "App Store" trademark specifically so competitors can't say "Purchase XYZ in our app store." They want to be the only ones allowed to use the phrase "app store" in their branding.

"AppStore" isn't anything, the trademark application is for "App Store." Apple has never used the two terms concatenated in that way.
Click to expand...

I assumed the guy or girl I quoted was a developer, not a company/competitor.
I know other companies wouldn't be able to use App Store once Apple is granted this trademark which is rightfully so.

Time will soon tell. . .
 
mKTank said:
Um...

hirf.png


Um...



Great job reading.
Click to expand...


Okay you're right.. my post was not objective. I'm not english native, so thought that "App" is just a shortcut to application and unexisting term..

Still, to be honest, I think this is really pathetic move Microsoft does. They are flapping all around due to their lack of innovation. Ohers, like Google, are just fine with it. BECAUSE THEY CAN COMPETE WITH APPLE.

I should have a look on Wikipedia next time, before saying things like some parts of my previous post.

But surely I don't need to.. for to say:
FU Microsoft, you dumbs!
Move on and make something better than App Store ;) Perhaps once Apple will be trying to fake your ideas.
 
11 pages and none has commented on how Apple just basically used the "But Officer, everyone else was speeding too" defense ? :rolleyes:

And what's with all the "Apple wins" ? The summary posted on the front page says this is scheduled for a trial later on... How can they have won when the case hasn't even been tried yet ?
 
iTravis said:
So why are they making this such a big deal
Click to expand...

Because they are in a position to, and they should. Everyone should

If Microsoft "wins", they will not change the name of Marketplace to "App Store". If Microsoft "wins", Apple will not change the name of "App Store" to anything else. If Microsoft "wins", Apple will lose absolutely no income because of it. On the flip side, Microsoft won't have any extra income because of it. It has nothing to do with Microsoft

If Apple wins, they will now have power over anyone that refers to their marketplace as any sort of app store, by name or description

That, is what this is all about
 
tbrinkma said:
Given the post to which you originally replied, you certainly seemed to be making the claim that the term "windows" was not generic as applicable to operating systems/environments back when MS was busy developing it.
Click to expand...


Well the term "windows" was and was not generic back in 1980-ish timeframe. An operating system utilizing a Graphical User Interface that used "window" type boxes to display programs, data, etc. was pretty much cutting edge and at some point in time would change personal computing forever because nobody had done it yet in giant mass adoption. But it was also a generic term because the "boxes" were pretty easily described as "windows" just like I use the term "looking glass" in my software presentations/training sessions when end users don't understand what client/server type stuff is.

Everyone has to remember that back in 1980 there was no personal computer industry anywhere NEAR what it is today...or even what it was like in 1996. It was beginning to form and all the moons were aligning. Terms way back then probably didn't tick people off because everything was such a clean slate that the dictionary was wide open for product naming rights.

As I mentioned before, I really can't care less who wins this naming-rights battle. I can see both side's points but I think overall Apple has a stronger case. I think of the "App Store" as any other name such as retail stores like Gap, Record Town (remember them?), Radio Shack, Sears, Amazon, etc. At the end of the day, to me, it's just a name and someone trademarked it first. Move on, MS. :)
 
"App Store" is not innovative. I had been buying apps from "App Stores" like PocketGear.com since the Palm and PocketPC days in the late 1990s/early 2000s. If anyone should trademark "App Store", it should be places like PocketGear and Handango.com, not Apple.
 
iTravis said:
So why are they making this such a big deal?

Because no one knows of their "MarketPlace". Why can't they promote M-P to the level (or beyond) AppStore for Apple?

I'll tell you why again, because they want to be able to say "Buy that app in our App Store MarketPlace" Or something cheesy along those lines. If they were smart they'd come up with better promotion.

Buy XYZ exclusively in the MarketPlace only on Windows Mobile. Idk I'm not getting paid to come up with catch phrases for them.

Oh and I meant Android Market for Android Lol.
Click to expand...

I suggest you go reading up on what it is about.
It is not about the name App Store. MS is not going after that Trademark. Fact is Apple is trying to trademark the term App store to the point that for example no one else can use the term App Store to describe there respect store. They can not have it in the description.

Look at the description of different stores and they can not call it an App store in it.
That is the issue.
 
Microsoft trying to steal another good idea

Well Microsoft stole the windows idea from apple to begin with and now in a effort to skim sales off apples app store they want to use the same name because they can't come up with their own. Microsoft bought or stole l their ideas from the beginning and continues to do so. It's very apparent that they can not create anything on their own. They have yet to produce a product other then xbox that has had any success. Windows OS has always sucked and still does today and if you look close you will see everything they have done is to mimic anything new on the market. Copy, copy, copy you missed the train this time. Time to get off the tracks before you get run over
 
albiesr2 said:
Well Microsoft stole the windows idea from apple to begin with and now in a effort to skim sales off apples app store they want to use the same name because they can't come up with their own. Microsoft bought or stole l their ideas from the beginning and continues to do so. It's very apparent that they can not create anything on their own. They have yet to produce a product other then xbox that has had any success. Windows OS has always sucked and still does today and if you look close you will see everything they have done is to mimic anything new on the market. Copy, copy, copy you missed the train this time. Time to get off the tracks before you get run over
Click to expand...

get off your high horse and enter 2011.
 
tobian said:
Okay you're right.. my post was not objective. I'm not english native, so thought that "App" is just a shortcut to application and unexisting term..

Still, to be honest, I think this is really pathetic move Microsoft does. They are flapping all around due to their lack of innovation. Ohers, like Google, are just fine with it. BECAUSE THEY CAN COMPETE WITH APPLE.

I should have a look on Wikipedia next time, before saying things like some parts of my previous post.

But surely I don't need to.. for to say:
FU Microsoft, you dumbs!
Move on and make something better than App Store ;) Perhaps once Apple will be trying to fake your ideas.
Click to expand...

Don't worry about it. At the end of the day, we Mac users know what works best. Its sad that MS has to send employees into a Mac forum. But then again you can't blame them for their lack of innovation. LOL
 
tobian said:
Okay you're right.. my post was not objective. I'm not english native, so thought that "App" is just a shortcut to application and unexisting term..

Still, to be honest, I think this is really pathetic move Microsoft does. They are flapping all around due to their lack of innovation. Ohers, like Google, are just fine with it. BECAUSE THEY CAN COMPETE WITH APPLE.

I should have a look on Wikipedia next time, before saying things like some parts of my previous post.

But surely I don't need to.. for to say:
FU Microsoft, you dumbs!
Move on and make something better than App Store ;) Perhaps once Apple will be trying to fake your ideas.
Click to expand...

Lack of innovation? Microsoft Surface, Kinect, Windows Phone 7, and the projects that take images and make 3D models out of them is not innovation?

Meanwhile, making a 4x4 grid OS is innovation and then making it bigger for a tablet version is innovation? Get real.

It's time to stop posting.
 
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