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.
Microsoft Hires Linguist to Oppose Apple's 'App Store' Trademark
- Thread starter MacRumors
- Start date
- Sort by reaction score
No one owns extensions. And again, where did you think NeXT came up with it ? Application was a term already used in the computer industry.
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8F190 Safari/6533.18.5)
This legal debate is so stupid. Why didn't PetWorld try and take Pet Supermarket to court over their name? hmm.. Just pick a different ****ing name for your ****** software store. Not that big a deal..
This legal debate is so stupid. Why didn't PetWorld try and take Pet Supermarket to court over their name? hmm.. Just pick a different ****ing name for your ****** software store. Not that big a deal..
Any "YYYY store" is the generic way of saying a store that sells YYYY.
The fact that Apple chose to brand something that is generic is not the problem of other companies. It is the problem of Apple. They should have invested in branding a non generic name instead. Maybe something like "appstore". However this would not preclude other companies from describing their own stores (with different names) as app stores. And being able to describe their store that sells apps as app stores is all the other companies are trying to do.
App is generic. Store is generic. App store is therefore generic.
Why doesn't Apple just rename it to the Apple Appstore?
Problem solved
Why doesn't Apple just rename it to the Apple Appstore?
Problem solved
Previous AppStore TM
It looks like AppStore was previously trademarked but abandoned. @METRO APP STORE was filed for after Apple filed for App Store. It interesting disclaims "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "APP STORE" APART FROM THE MARK AS SHOWN". Search for "app store" at http://www.uspto.gov/trademarks/index.jsp.
It looks like AppStore was previously trademarked but abandoned. @METRO APP STORE was filed for after Apple filed for App Store. It interesting disclaims "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "APP STORE" APART FROM THE MARK AS SHOWN". Search for "app store" at http://www.uspto.gov/trademarks/index.jsp.
Here's one that took about 30 seconds to find -- a book printed in 1998 that explains what an "app" is:
http://books.google.com/books?id=8lINFCtJmwYC&lpg=PA67&dq=computer app&pg=PA67#v=onepage&q&f=false
Anyone that worked in the industry in the 80s or 90s should be very familiar with the term...
Want more? Here's one from 1994: http://books.google.com/books?id=_D...app"&pg=PA51#v=onepage&q="killer app"&f=false
There are thousands of other examples that can easily be found online. Just search for "killer app" @ Google Books, for example...
Last edited:
Mad Mac Maniac
macrumors 601
Question of the Day:
If Apple had unveiled the "App Shop" back in 2008, would everyone be complaining about how generic the App Shop is because it's just a shop for apps!!
If Apple had unveiled the "App Shop" back in 2008, would everyone be complaining about how generic the App Shop is because it's just a shop for apps!!
App is generic. Store is generic. App store is therefore generic.
Why doesn't Apple just rename it to the Apple Appstore?
Problem solved
Your logic invalidates all Servicemarks and Trademarks based on real words...Apple was the first to call an online store an App Store , they built a reputation with that name and their servicemark is valid and will withstand this desperation lawsuit from MS...
App is generic. Store is generic. App store is therefore generic.
Why doesn't Apple just rename it to the Apple Appstore?
Problem solved
Lets face it Apple is trying to block App Store because they know it is generic and want to make it hard for others to use app store in the description or any part of the name.
iApp Store no one would stop. APPLE App Store no one would care.
Amazon App Store is a very good name. An app store run by Amazon. No way in hell is it going to be confused with Apple App Store.
Hell if someone says I got it from the App Store I genernaly based which one on the device. If Android phone it from the Android Market. If Windows phone MarketPlace and so on.
It no longer tied to Apple's app store in name. Amazon App Store tells me it is Amazons. Only people who get confused are Apple fansboys/girls that can not think for themselves so they do not really count.
From Apple which didn't use file extension but used meta data "File Type" as 'app' for it's executables since (at least) 1982.
Again, look at the context. Windows in the home builder arena is very generic. Windows in the Operating Systems world is very specific.
When I tell someone I need to re-install Windows on my computer, they are not picturing me removing the computer screen and replacing it with a vinyl paned window.
Your argument might be true if Apple was trying to trademark "Appstore". But they are trying to trademark "App Store". "Microsoft" is uinique. "Appstore" would be unique. "Micro Soft" and "App Store" are not unique.
Here's one that took about 30 seconds to find -- a book printed in 1998 that explains what an "app" is:
http://books.google.com/books?id=8lINFCtJmwYC&lpg=PA67&dq=computer app&pg=PA67#v=onepage&q&f=false
Anyone that worked in the industry in the 80s or 90s should be very familiar with the term...
Nothing there where it was used in relation to an online store. Maybe you should spend 30 seconds on the USPTO site researching Servicemark and then 30 seconds on Apples Trademark and Servicrmark page.
The reasoning here is pretty basic. Money.
A huge portion of revenue is derived, not by the iPhone itself, but by the apps you can buy for it. It's not the device that is the big seller, it's the stuff you can buy FOR it. The app store.
The iPhone is known world-wide for the hundred of thousands of apps you can buy for it (over 350,000) in the App Store. "There's an app for that" is a huge marketing slogan, which generates huge amounts of money for Apple.
Now, if you, as a phone seller, wanted to sell your brand of phone, you would be able to sell it faster (better? Cheaper?) if you can say that you, the customer, can indeed "..buy apps from the app store" and take advantage of Apple's own advertising by implying that you, the buyer have access to all the apps in the app store (that the customer has heard about) without you, the seller, having to spend thousands or millions on app store advertising.
Has anyone ever seen a "Dr. Wells/ThunderPlenty/Zeppa/Sparkle" soda? Why would ANYone name a soda "Doctor" anything? To take advantage of the popularity of Dr Pepper, of course.
Yes, in all probability the Windows Phone will soon have hundreds of thousands of apps in the WinApp Store®... but they won't have to say, "WinApp Store©" they can just ride the coattails of Apple's prior millions -of-dollars in advertising spending and use Apple's ads for "App Store" as their snowplow and drive their phone behind it at a cheaper cost.... every bit of savings means more profit.
I know stuff like this happens all the time. I've been shown (and sometimes asked to do) designs for logos which look similar to well known logos just so the potential customer will buy their product instead. Why is there a tiger instead of a horse on my polo shirt? How come most all the cars look alike? Because that's what the people buy.
Heh-"app store" sounds like a shortened version of "apple store" anyway
A huge portion of revenue is derived, not by the iPhone itself, but by the apps you can buy for it. It's not the device that is the big seller, it's the stuff you can buy FOR it. The app store.
The iPhone is known world-wide for the hundred of thousands of apps you can buy for it (over 350,000) in the App Store. "There's an app for that" is a huge marketing slogan, which generates huge amounts of money for Apple.
Now, if you, as a phone seller, wanted to sell your brand of phone, you would be able to sell it faster (better? Cheaper?) if you can say that you, the customer, can indeed "..buy apps from the app store" and take advantage of Apple's own advertising by implying that you, the buyer have access to all the apps in the app store (that the customer has heard about) without you, the seller, having to spend thousands or millions on app store advertising.
Has anyone ever seen a "Dr. Wells/ThunderPlenty/Zeppa/Sparkle" soda? Why would ANYone name a soda "Doctor" anything? To take advantage of the popularity of Dr Pepper, of course.
Yes, in all probability the Windows Phone will soon have hundreds of thousands of apps in the WinApp Store®... but they won't have to say, "WinApp Store©" they can just ride the coattails of Apple's prior millions -of-dollars in advertising spending and use Apple's ads for "App Store" as their snowplow and drive their phone behind it at a cheaper cost.... every bit of savings means more profit.
I know stuff like this happens all the time. I've been shown (and sometimes asked to do) designs for logos which look similar to well known logos just so the potential customer will buy their product instead. Why is there a tiger instead of a horse on my polo shirt? How come most all the cars look alike? Because that's what the people buy.
Heh-"app store" sounds like a shortened version of "apple store" anyway
Time for me to run to the Money Store (TM) to deposit my paycheck.
Edited to say:
My check is good because, I printed it in an 11 point font.
Edited to say:
My check is good because, I printed it in an 11 point font.
Surely
Microsoft wouldn't ever actualy use the term Appstore as it is, they would be through tradition, bound call it:
'Windows Appstore Mobile 7' or
'Windows 7 Mobile Appstore Home Premium'
or some other gobfull tm of sh*te name
Microsoft wouldn't ever actualy use the term Appstore as it is, they would be through tradition, bound call it:
'Windows Appstore Mobile 7' or
'Windows 7 Mobile Appstore Home Premium'
or some other gobfull tm of sh*te name
This same argument goes to show the ignorance of users here. Its been said a million times now.
Yes by themselves they are generic but as a trademark "Microsoft Word" is not generic. Word itself is not trademarked... Microsoft Word is. Same with Windows.
Apple spent a considerable amount of money building the App Store brand for their online store. Amazon and MS are simply trying to ride on their coattails. It is amazing to see so many people defending them.