You remember the Handango Palm App Store than of course? It was preinstalled on most Palm devices.
Got a tip for us?
Let us know
Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
Apple Defends Against Microsoft in 'App Store' Trademark Dispute
- Thread starter MacRumors
- Start date
- Sort by reaction score
You remember the Handango Palm App Store than of course? It was preinstalled on most Palm devices.
10yrs ago the general public used the terms "Apps"? Now, I'm not talking about nerds using the term "Apps" 10yrs ago. I'm talking about our parents and grand parents... oh no they didn't did they, but they do now..... right!!!!
Why? Cuz Apple Coined the term "App Store". They may not have owned it 10yrs ago, but they own it now. Thanks to the iPhone the GENERAL PUBLIC now uses the term "Apps" and "App Store".
I know it probably infuriates half the people that read this, but it's the facts. It does not matter if Palm used the word app or if OS X has had .app (which is an odd argument to the term apps since it's the same OS. Its more like a defense to bring up .app) for over 10 yrs. It's about who made the term known and generalized the term to their product. That would be Apple.
Stop trying to over annualize or read into what I'm posting.
Given that every other vendor has expressly opted to use a different name in order to differentiate their products AND there are no other examples of App Store being used currently other than by Apple, I would say Apple's case for the trademark is fairly secure at this point.
So that would be two trademarks clashing, rather than evidence that a trademark is generic. Unfortunately for Handango, I don't think you get points for beating someone else with a name and failing to trademark it.
I remember a store for finding 'applications'. Don't remember anything about the term 'app' being involved.
What about Microsoft App-V 2007R2?
----
http://replay.waybackmachine.org/20030212174959/http://www.handango.com/
BTW: Look at the bottom left box "Developing the next killer app for handhelds? Become a Handango Software Partner. Read More | Sign Up"
2003
I don't really recall hearing the term 'app store' until apple started using and only after it became popular and everyone else wanted to have their own 'app store' did they start using the same term. I think they want to use the same term instead of 'application store' because everyone is familiar with 'app store' and associates it with the popular apple store.
At the same time, that isn't what defines a diluted trademark. It's about the use of the term by the general public. When you have to sell your bandages as "Foo-brand band-aids" for the public to understand what you are selling, that's dilution.
I don't really have any opinion at this point on who is right. I agree with one of the other folks who commented it will be interesting to see what the ruling is. Apple from the perspective of the market has a good case, IMO. But from general use of the term? That's the risk right now.
This is probably Bill Gate's work.
If I were one of the top shareholders ay MS I'd cuss Ballmer out. All that money MS makes and they go after some pithy effing word. While racking up lawyers fees. Yeah, they can afford it but why would you want to spend that money playing these BS games?!!
If I were one of the top shareholders ay MS I'd cuss Ballmer out. All that money MS makes and they go after some pithy effing word. While racking up lawyers fees. Yeah, they can afford it but why would you want to spend that money playing these BS games?!!
The fact that Android and BlackBerry opted for different names is demonstrative of Apple's de-facto ownership of the name App Store. The generality of the words involved means nothing. In this case we are examining the term App Store in the limited context of mobile application stores. Given that the App Store was the first of its kind to gain mainstream traction, and is still tied to Apple with near ubiquity, Microsoft's complaint really doesn't seem to hold any water. Although some users might refer to an app as being in an "app store", I would say that most of the public understands "App Store" to refer to the iPhone, and some other non-specific term like "application marketplace" to refer to other stores similar to the App Store. Remember, Android users are not the mainstream public.
My post wasn't exclusively directed to you. Lol You just had a great example of what I kept seeing in the thread. I don't even care about the Windows trademark.
You are proving my point!
Palm's APP STORE was called "HANDANGO" and Not "AppStore", that's the trademark we're going for here. How is "AppStore" a generic term when people never used it for their stores? Handango is a GREAT example though. I'm sure palm didn't say "Oh just go over to the AppStore and buy that app" It was more like "Go over to Handango and buy that app" Everyone knew Handango was the "AppStore" for Palm devices. What's the difference with Apple Just using "AppStore" as their name and trademarking "AppStore"?
Apple should just say "The App, in AppStore means Apple" Lol
10yrs ago the general public used the terms "Apps"? Now, I'm not talking about nerds using the term "Apps" 10yrs ago. I'm talking about our parents and grand parents... oh no they didn't did they, but they do now..... right!!!!
Why? Cuz Apple Coined the term "App Store". They may not have owned it 10yrs ago, but they own it now. Thanks to the iPhone the GENERAL PUBLIC now uses the term "Apps" and "App Store".
I know it probably infuriates half the people that read this, but it's the facts. It does not matter if Palm used the word app or if OS X has had .app (which is an odd argument to the term apps since it's the same OS. Its more like a defense to bring up .app) for over 10 yrs. It's about who made the term known and generalized the term to their product. That would be Apple.
Stop trying to over annualize or read into what I'm posting.
You couldn't be more wrong.
http://www.merriam-webster.com/dictionary/app
The trademarks don't include "Microsoft" in them though. That's where your argument fails on point 1.
As for patents:
1) Yes you can. It's actually easier when you are the first to market since you are the prior art which prevents anyone else from patenting it before you (in the US anyhow).
2) These aren't patents, they are trademarks. The trademark was filed for which takes some time to process. Microsoft has filed a complaint which is partly the reason for it taking it slow.
I searched the Wayback Machine and posted multiple links the last time this topic came up. I'm not going to waste my time again because YOU can't recall. You are not an arbiter of facts.
BlackBerry and Android's use does not actually prove that it's a valid trademark. Apple had previously registered a trademark, so obviously they want to avoid possible infringement. The question is whether Apple should have been allowed to register that trademark to begin with. Blackberry and Android's naming are not evidence of their being a valid trademark.
Great. Another thread filled with people going "but why are MS complaining when the trademarked Windows?! Lol!"
Don't try and talk about Intellectual Property law when you have no clue. It just means people who do know laugh at you. I'm not an expert on IP by any stretch of the imagination but I do know enough to laugh/cringe at reading the sheer rubbish people are writing.
Don't try and talk about Intellectual Property law when you have no clue. It just means people who do know laugh at you. I'm not an expert on IP by any stretch of the imagination but I do know enough to laugh/cringe at reading the sheer rubbish people are writing.
http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx
if windows was so crappy, why does it have such a large market share and run on nearly every piece of hardware in the entire consumer market? as well as the corporate sector?
you mean they called it Marketplace?
also WP7 uses XAP files, not EXE,
Just so you know, Windows hits on many public web pages has fallen to less than 80% while OS X is hitting near 20%. That's right, nearly 1 in 5 computers hitting pages like TechCrunch are Apple computers running OS X. Interestingly, nearly 14% are running either iOS or Android.
Really, cos Apple is trying to trademark the "App Store" monicker. Microsoft (as the headline rightly suggests) is objecting to Apple trademarking the term "App Store".
This FORUM THREAD may well be discussing the word "App", but unsurprisingly, has completely gone of topic due to some Apple hating deflection and misdirection in an attempt to cloud the issue with irrelevant facts, such as the word "App".
Check the actual article in macrumors and NOT the forum thread if you don't believe me. Microsoft is objecting to the term "App Store", and that's it.
Here are the facts:
- Apple is attempting to trademark the term "App Store".
- Microsoft is objecting to Apple's attempt to trademark the term "App Store".
- Apple is NOT attempting to trademark the WORD "App".
- In my 11 years of heavy use of Palm(all but 3 models)/PocketPC/PalmPC/Windows Mobile/CE and other mobile devices I have no recollection of the term "App Store" being used EVER, prior to Apple's introduction of the app store. (i bough tons of software for my Palm through Palmgear over a 5 year period).
MS Has Never TM "Windows"
I'm not going to read seven pages of comments but, instead, will point out that Microsoft does not and has never attempted to trademark the word "Windows". They have trademarked "Microsoft Windows". Apple's rebuttal is specious.
I'm not going to read seven pages of comments but, instead, will point out that Microsoft does not and has never attempted to trademark the word "Windows". They have trademarked "Microsoft Windows". Apple's rebuttal is specious.