Microsoft Hires Linguist to Oppose Apple's 'App Store' Trademark

[nagromme]

I don’t much care about this battle either way—I can see why Apple wants to defend the term they popularized for the ecosystem they were first to build. And I can see why they might lose. Either way won’t help or hurt any of the parties involved that much. (The Amazon Mobile Market could survive just fine, if it’s good; and a name alone won’t make any other mobile software platform come close to touching iOS!)

But this is funny:

"the simple fact that those companies were using the term in the first place indicates that the term is generic”

In that case, if you violate a trademark, you’re automatically not violating a trademark!

 

[MOFS]

The thing to remember is that there are two words for "application". Apple use "application" (with the suffix .app) on OS X. Microsoft uses "Programs" (suffix .exe). Application is linked with Apple, so when they call it the "App Store" it is based on their previous use. "Prog Store" would also not be generic.

 

[davelanger]

CNET reports that Microsoft has filed yet another document (PDF) in its case opposing Apple's application for a trademark on the term "App Store", moving beyond its earlier effort involving complaining about Apple's font size to bring in a linguist to counter Apple's own expert in debating the genericness of the term.The filing also points to Amazon's just-introduced Appstore for Android as yet another example of the term being generic. Apple noted in a prior filing that it had moved to protect its trademark by reaching out to companies it believed was using the "App Store" name improperly, but Microsoft argues that the simple fact that those companies were using the term in the first place indicates that the term is generic.

Article Link: Microsoft Hires Linguist to Oppose Apple's 'App Store' Trademark

That is great coming from a company who has Windows trade marked.
Cant they MS just call it the MSAPP Store or WinAPP store.

Do they really need to just call it the APP STORE?

 

[World Citizen]

"apple"

Lets sue the name "apple"

"the compound noun 'apple' means simply ' a healthy object created by nature wich will give you pleasure and a longer life,' which is merely a definition of the thing itself--a generic characterization."

 

[gnasher729]

I don't claim to know a thing about trademark law, but looking at this simply I find it difficult to understand how the term "Windows" can become a trademark but "App Store" cannot.

Windows is a trademark. Microsoft sued Lindows because of the similarity, then ended up paying them $20,000,000 to go away when it looked as if Microsoft could lose the trademark. And Apple owns "App Store". Microsoft just wants to use the name.

And a company named ContainerStore owns the trademark on the word "Container Store" !!!!

That linguist obviously says what Microsoft wants him to say. Which is the truth, but not the whole truth. The whole truth would mention that the term "App Store" was not used by anyone before Apple used it and wouldn't be used by anyone if Apple hadn't used it.

 

[hsotnicam8002]

Why don't Microsoft just call theirs the 'Crap Store' and have done with it?

 

[nfable]

It seems that App on its own is generic, but the combination with another word to define a particular thing is not... see

Lady + Gaga
Best + Buy
Fack + Book
Micro + Soft
General + Electric
Pintos + Cheese .. okay, maybe not that

 

[bitWrangler]

I would think that the decision isn't necessarily the "generic-ness" of the term "App Store", rather the real test (IMHO IANAL) is the pervasiveness of the term before Apple decided to brand their product as such. While it may be simple to say "well heck, it's an app store, of course they'd call it the app store". One could argue that apps (short for applications) has been around forever. The word "store" and it's meaning as well. However, given that the two terms are common and the function of the store is not unique, that no one up until this point has used the term generically (note use of the term, not necessarily that someone has actually tried to apply it to a business) shows that the combination of the two terms in this context is indeed unique.

At least that would be my argument

 

[zacman]

"Windows" was a generic term in the computer industry before Microsoft had any trademark.

Yes, but that doesn't matter. The word Windows is no generic IT word, while app(lication) is. That's the difference.

"Apple" can't be used to trademark a fruit, but it can be used to trademark a computer. "Windows" can't be used to trademark "windows of a house" but it can be for an operating system. "App store" can be trademarked for a brothel but not for a store that sells computer applications.

 

[miamialley]

IMO it's like Publix or Kroger trying to claim the rights to "grocery store."

Or maybe more like if McDonald's tried to claim the rights to "burgers."

 

[cube]

The thing to remember is that there are two words for "application". Apple use "application" (with the suffix .app) on OS X. Microsoft uses "Programs" (suffix .exe). Application is linked with Apple, so when they call it the "App Store" it is based on their previous use. "Prog Store" would also not be generic.

Whatever. There was a cross-platform application framework called zApp many years ago already.

 

[BC2009]

It goes to show you what our legal system really is like. Kind of goes to show you that much of our legal system is nothing more than expensive babies fighting. Also goes to show you why our government is such a mess because guess what most of our political leaders are........ You guessed it LAWYERS. This is pretty much a world wide thing.

Yeah -- makes you wonder why the American Revolution ever happened. We replaced somebody who ruled by birthright with somebody who ruled by the merits of being a better lawyer. I guess you can't win. If only all political leaders could have been like George Washington who hated political parties.

 

[Mr_Ed]

It seems that App on its own is generic, but the combination with another word to define a particular thing is not... see

Lady + Gaga
Best + Buy
Fack + Book
Micro + Soft
General + Electric
Pintos + Cheese .. okay, maybe not that

You may have a point there, but as long as we are throwing words around I always like to remember how important it is to choose the right words so the intended meaning is conveyed . . .

Micro = Small, Soft = Flaccid

 

[blacktape242]

I want my 5 mins back from reading this article and writing this post......

 

[nefan65]

His name is Butters?

I suspect Cartman is part of it as well...somewhere...somehow.

 

[EstrlM3]

Disclaimer: Apple fanboy here. But agree with Microsoft.

App Store is simply the description of the actual thing: An app store. It's just too simple.

Windows on the other hand is a name that wouldn't be used to describe an operating system. Windows, much like Pages, Keynote and Numbers, is a noun used creatively to create a trademark. App Store is a close second but, IMO, fails due to being the actual description of the object.

If Microsoft had called Windows simply "Operating System" and copyrighted that, THEN it'd be the same thing

But they are not calling it 'Application Store'

They are calling it 'App Store'

 

[tonkaxxtuph]

This is silly

This whole thing is getting silly. Seriously MS, do something better with your money.

 

[candybaws]

.

 

[BC2009]

Yes, but that doesn't matter. The word Windows is no generic IT word, while app(lication) is. That's the difference.

"Apple" can't be used to trademark a fruit, but it can be used to trademark a computer. "Windows" can't be used to trademark "windows of a house" but it can be for an operating system. "App store" can be trademarked for a brothel but not for a store that sells computer applications.

We all called those things "windows operating systems" or "windows-based operating systems" (and "graphical operating systems") in the IT industry back in the day when Microsoft got the trademark. You very heavily focus on the slang word "app" in the IT industry rather than the term "App Store" which is what the trademark application is for. Oddly, Microsoft did not trademark "Windows Operating System" they trademarked "Windows" which is more akin to your argument against the single word being generic. Nobody is saying that "Windows" is something on a house and therefore can be trademarked in the computer industry -- I am saying that "windows" and "windows operating systems" had a meaning in the computer industry BEFORE Microsoft was given a trademark.

Oddly, Apple got them to rename to their "Trash" to "Recycle Bin" -- I wonder why Microsoft didn't just trademark "Trash" instead of "Windows" for the operating system -- seems a much more fitting metaphor for their windows-based operating system latch on to.

By the way.... after the Windows trademark, Apple had to be careful in their literature with over-using the term "Windows" lest somebody think that Mac OS, being a windows-based operating system, was based on Microsoft Windows.

 

[ThunderSkunk]

Cunning linguist jokes, commence!

 

[swarmster]

Apple noted in a prior filing that it had moved to protect its trademark by reaching out to companies it believed was using the "App Store" name improperly, but Microsoft argues that the simple fact that those companies were using the term in the first place indicates that the term is generic.

WOW! That's quite the argument Microsoft's putting forward. If that's true, they're arguing against the entire trademark system! Using someone else's trademark causes it to be generic and no longer a trademark?

Good luck with that one.

 

[surf2snow1]

I want my 5 mins back from reading this article and writing this post......

Sue M$

 

[Amazing Iceman]

Microsoft is suing homebuilders for offering "Windows" in their homes. Instead, they need to refer to them as "transparent viewing portals".

"Portals"??? Did you say "Portals"? you can't say that! It could be trademarked too!

How about "Shoe Store"? is that a trademark too? If not, I should patent it and sue all of them.

Regarding the term "Windows", I have no idea how M$ got away with suing "Lindows". their claim was that phonetically there was a similarity that could confuse the public.

Repeat after me: "Lindows, Windows". Did you get confused? I don't think so.

Repeat after me: "AppStore, App Store". Did you get confused? What? Where? Sounds the same?

Based on their "Lindows" precedent, M$ has no ground to refute the lawsuit.

 

[CalBoy]

http://dictionary.reference.com/browse/app



I think this is enough to show that Microsoft is unequivocally correct. The term has been in use for much longer than Apple's launching of the store and it has been ubiquitous in the computer industry for a long time.

The way to distinguish (if it needs to be done) between app stores is by saying the name of the app store before hand, ie the Apple App Store, the Amazon App Store, or the Microsoft App Store.

 

[SFStateStudent]

I'm thinkin' Apple should have gone with "iApp Store" (u heard it here FIRST! Let me get a trademark/patent on that) b/c Microsoft is just a big ole' COPYCAT...lol