Apple Defends Against Microsoft in 'App Store' Trademark Dispute

[pr5owner]

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.

so 80% + 20% + 14% = 100%?

so your saying the majority of computers browsing tech sites run windows!? WOW!!!!!!!! what does that have to do this App store?

here i can make up my own BS too...

verizon iphone activations have leveled off and are now falling. (this may actually be true)

 

[StuddedLeather]

You're not denying its an "App Store" though right?

For Handango? Absolutely not, It is an App Store. However they chose a different name to represent their App(lication) Store. Which is fine.

But I don't think that's why we're here. Lol I know Apple didn't invent the word or the abbreviation.
Yet still, they should have every right to Trademark it because prior to the 3G "AppStore" was never a name associated directly with the store.

 

[BaldiMac]

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.

Weird. I just looked at your post history and couldn't find any posts in the other thread that evidenced previous uses of the term "App Store." Just a few claims about the term "Apps." Maybe it was in a different forum.

 

[ModestForumName]

Hasn't Apple always used the term "app" or "application" to describe what Microsoft would call "program"? I would think that this was uniquely an Apple thing, who practically coined the term "App Store"

 

[pr5owner]

Here are the facts:

1. Apple is attempting to trademark the term "App Store".
2. Microsoft is objecting to Apple's attempt to trademark the term "App Store".
3. Apple is NOT attempting to trademark the WORD "App".
4. 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).

http://store.handmark.com/

 

[BaldiMac]

http://store.handmark.com/

What is your link supposed to show?

 

[twilson]

They were? How come they always ended up adding photos/videos functionality after others while still costing more? And of course they never even added built-in radio. So yeah, it does support my position, ta.

Don't confuse feature set with marketshare and profitability. The iPod's only started dipping in growth/profitability significantly AFTER the iPhone came out.

Features is NOT a measure of success (or in my words "kicking ass").

 

[Andy-V]

Wrong. Before Microsoft stole the term, people call those square gui elements you see on a computer screen "windows".

Those 'square gui elements you see on a computer screen' are still called windows, in MAC OS they are called windows. Apple calls them windows in their documentation. Microsoft has no trademark on calling those boxes 'windows'. Their OS on the other hand is called Windows. That's perfectly fair as 'Windows' never had been a common name for any operating system before.

So no, 'Windows' is not as generic as 'App Store' if you ask me.

 

[StuddedLeather]

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.

But in all honestly. . .

If Apple chose "Apple App Store" do you think that would've made a difference? Everyone already associate the term with Apple anyways. So regardless of this ruling The AppStore will always be connected with Apple iOS devices.

I just think Microsoft is taking a pity route and I don't have anything against that company.

 

[twilson]

In reality it was an operating system. Think about what an operating system does (the core basics if you will) and Windows did that.

There was an element of sarcasm in there you realise, hence the sticky out Tongue.

 

[samcraig]

One more fact. Or rather a few...

This dispute isn't about who used it first or the past. It's about the future. And Microsoft is disputing the fact that the words App Store moving forward to too generic and descriptive for any store that sells Apps.

So again - doesn't matter who used it first. Doesn't matter who coined it or made it popular. This is about the HERE and NOW and whether or not the combination of words CAN be trademarked.

Microsoft isn't trying to claim it as theirs. They are simply stating (via dispute) that NO ONE should be able to trademark the phrase.

 

[twilson]

I'm not wasting my time reading your gibberish. Apple didn't invent the term App they coined it.... duh. Try to keep up with the rest of us here in this forum.

Again, Microsoft isn't objecting to the WORD "App" (which Apple isn't even trying to trademark), only the TERM "App Store".

 

[deadkennedy]

They behave like kids

 

[samcraig]

Again, Microsoft isn't objecting to the WORD "App" (which Apple isn't even trying to trademark), only the TERM "App Store".

Forget trying to discuss it with that poster. If they can't bother to read someone else's part of the discussion - they aren't worth responding to. Talk about being lazy.

 

[Vulpinemac]

is that the only explanation you have? no other facts?

would you like to drive only 1 type of car and get it services at 1 place for the rest of your life?

some people like choice, im pretty sure you understand this.

Poor analogy. For 30 years I only drove one brand of car, GM, and went to GM shops to repair it.

See a similarity?

 

[samcraig]

Poor analogy. For 30 years I only drove one brand of car, GM, and went to GM shops to repair it.

See a similarity?

But would you deny others the right/ability to choose otherwise? I think that was their point.

 

[StuddedLeather]

One more fact. Or rather a few...

This dispute isn't about who used it first or the past. It's about the future. And Microsoft is disputing the fact that the words App Store moving forward to too generic and descriptive for any store that sells Apps.

So again - doesn't matter who used it first. Doesn't matter who coined it or made it popular. This is about the HERE and NOW and whether or not the combination of words CAN be trademarked.

Microsoft isn't trying to claim it as theirs. They are simply stating (via dispute) that NO ONE should be able to trademark the phrase.

In a way I understand what you're saying.

But don't you think after awhile everything becomes "generic" once the public is involved?

It's just hard to believe that the term AppStore is sooo common. Lol It's honestly pathetic on Microsofts behalf. I could think of a plethora of names I'd suggest for Microsoft and selling phrases they could use as opposed to just AppStore. I don't see the issue. I just don't.

And your last sentence just seemed like AppStore should be "General/Fair Use" - - -Which shouldn't be the case.

 

[joshsand66]

Apple name

Didn't 'Apple' computers have a big battle with The Beatles over the 'Apple' name and logo.

 

[twilson]

Apple sits on technology a lot longer than anyone. They just make it pretty and magical!

Maybe they do, but that's what the consumer wants (at least with the iPod/iPhone) the sales figures speak for themselves, and you really can't argue against that.

You could argue that the same is true with consumers wanting MacBooks and MacBook Pros too, seeing as their sales are outgrowing the industry despite what you'd say is feature-lacking, expensive hardware.

People want what Apple are offering and are emptying there wallets for the privilege, so they're definitely doing something right.

You could argue that others "sat on technology" a lot longer than Apple did (you only have to see the effect the iPhone has had on the WHOLE mobile phone industry to know that). Microsoft squandered a huge advantage and wealth of possibility in Windows Mobile and "Tablet computing" just because they insisted on sticking with their "same old ****" "one size fits all" mantra.

Ballmer laughed at the original iPhone saying they'd prefer to be where they are than have 1% of the smartphone Market.

Meanwhile, Apple has raced passed them to take significantly more of the market than that estimate, forcing Microsoft to do a drastic "full reset" on their mobile platform, which from my own personal 8-year experience of it, needed to be done at least 5 years ago.

 

[Mattie Num Nums]

For Handango? Absolutely not, It is an App Store. However they chose a different name to represent their App(lication) Store. Which is fine.

But I don't think that's why we're here. Lol I know Apple didn't invent the word or the abbreviation.
Yet still, they should have every right to Trademark it because prior to the 3G "AppStore" was never a name associated directly with the store.

It shows the term "App Store" is in fact extremely generic.

"Apple App Store" IMHO is perfectly acceptable.

 

[slattery69]

why they didnt just call it "apple app store" would have saved a lot of pointless argument and the need for lawyers to get involved.
if the general public chooses to shorten it to app store then so be it

 

[twilson]

What is your point?

Xbox Ring of Light is the logo, which could be found on pre-2010 Xbox 360 media.

Xbox Ring of Death is a term brought up by the gaming community, it is not a term Microsoft uses officially.

it's called a joke, heard if them?

 

[Foxypaco]

Windows is a product, App Store is a service. Apples and Oranges (no pun intended).

Windows is a NAME of a product. App Store is a NAME of a service.

 

[pr5owner]

Poor analogy. For 30 years I only drove one brand of car, GM, and went to GM shops to repair it.

See a similarity?

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

 

[Mattie Num Nums]

Maybe they do, but that's what the consumer wants (at least with the iPod/iPhone) the sales figures speak for themselves, and you really can't argue against that.

Than that goes directly against your statement about Apple being an Innovator vs. Microsoft (who you pointed out sits on technology.)