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

Maybe ii's corny but..

Can't we all just get along haha. Android came out with the "android market". Can't they just come up with their own name and not complain constantly about what their rivals do. Maybe Bill should spend some more money on developing a decent OS in stead of whining about Apple's wording of something.
 
CalBoy said:
http://dictionary.reference.com/browse/app

View attachment 278891

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.
Click to expand...

Apple did not TM the term APP they TM APP STORE.
Its not like apple is saying they cannot call their applications apps.
They are saying they cannot call their app store the app store.

Like I said, MS should just call is the WinApp Store, problem solved.
 
nfable said:
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
Face + Book
Micro + Soft
General + Electric
Pintos + Cheese .. okay, maybe not that
Click to expand...

Very good points. Trademarks like this are granted all the time. The word "App" may have been common slang among IT professionals for a while, but certainly not "App Store". Like I said before though -- whenever Apple wants to use a common term they just stick an "i" in front of it. Wouldn't "iApp Store" have made this whole thing go away? :)
 
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Dear Microsoft, if you want the App Store, then you should have made the App Store
 
raymondthimmes said:
Honestly the term "app" didn't even exist 5 years ago. And yeah, it's super generic.

I support microsoft on this one, guys.
Click to expand...

I keep hearing this...but yes it did. It was used occasionally for Windows Mobile apps, BlackBerry apps, and more. I just checked the internet wayback machine and found at handango.com several "apps" mentioned. Here is one "From business and personal productivity software to travel apps and games, we have the best mobile downloads to fit every interest."

The point is that its been used for quite a long time. Not as often back then as it is now, but it was used.
 
I'll say it again "App Store" is a generic term, I think everyone should be able to use it.. I hope Apple doesn't win this one.. If someone used "Mac App Store", completely understandable..
 
Yamcha said:
I'll say it again "App Store" is a generic term, I think everyone should be able to use it.. I hope Apple doesn't win this one.. If someone used "Mac App Store", completely understandable..
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It's not generic they coined it. It's theres.
 
Microsoft -- the King of Generic

I believe Microsoft's #1 problem is that they are the king of generic names for products:

Word for word processing.

Windows for a graphical user interface that has content stores in windows.

Perhaps the only "cool" names Microsoft has are Excel and Xbox?

Damit! They want App Store for selling apps and Apple's already taken it.

Perhaps their argument will be, "How come Apple did not just name their online store the iApp Store, geez...."

Perhaps Microsoft will be left with no alternative but to use the mokier, "Microsoft Store," "Software Store," or "Soft Store?" They could even just call their store "M$ Store."
 
BC2009 said:
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.
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Again that doesn't matter as the word Windows doesn't come from the IT industry but existed before. App however was created within the IT industry.

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.
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"Store" is only descriptive here and therefore you don't take it into account here. Legally you just read "app".
 
World Citizen said:
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."
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Yep i have few of those...One is 24"
 
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Microsoft is funny.
 
EstrlM3 said:
But they are not calling it 'Application Store'

They are calling it 'App Store' ;)
Click to expand...

Nor 'App Market', 'App Shop', 'App Stop', 'App Emporium' (Apporium?), 'App Bazaar', or 'Steve's Discount App Dump'. There's lots of good names out there.
 
SFStateStudent said:
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 :D
Click to expand...

It's not easy to pronounce "iApp Store". It wouldn't have worked out too well.

Apple should have patented "AppStore" as one word instead of two words "App Store". Or should have patented both to be safe.

Anyways, phonetically both sound the same, and that may be a good argument; it worked for Microsoft when they sued "Lindows".
 
CalBoy said:
http://dictionary.reference.com/browse/app

View attachment 278891

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.
Click to expand...

Examples of uses (Dvorak in his references to "killer app"):

2005: http://www.marketwatch.com/story/a-k...or-real-estate
2004: http://www.pcmag.com/article2/0,2817,1599324,00.asp
2003: http://www.pcmag.com/article2/0,2817,1191830,00.asp
 
Its important to always note context.

Windows may be generic but only when you're trying to trademark the term for actual windows. Windows doesn't describe an OS... It is the same with office. If they wanted to call Office "Word Processor" it would be considered generic because they are trying to trademark the generic term to describe something.

App Store IS generic in that same sense.

But I think consideration needs to be paid to the circumstances too. There have been MANY application repositories many with names like "Marketplace". The term App Store was always there for the taking but none used it because it was a generic term that they didn't think was catchy.

Now Apple has used the term and it has become a household term associated with Apple... There is a brand awareness there they cultivated without needing a trademark.

Now that all the work has been done and people have an association with App Store the other companies want to use to for no other reason than to cash in on the strong name brand APP STORE has.

It is certainly incredibly generic but it does have strong brand association, consumer trust and recognition that was completely created by Apple.

NOTE: I KNOW the term App Store has been used in the past and Apple didn't invent it. They did take it from a n obscure, not widely used term and made it to the household name it is today.
 
rotobadger said:
Microsoft is suing homebuilders for offering "Windows" in their homes. Instead, they need to refer to them as "transparent viewing portals".
Click to expand...

Where were you when Apple sued NYC for using "Big Apple" in its travel brochure? Apple is being a dick in this case.
 
OllyW said:
So?

The other company has got Apple trade marked. They are both in common use but are protected when used in the computer industry.

http://www.apple.com/legal/trademark/appletmlist.html

http://www.microsoft.com/about/legal/en/us/intellectualproperty/trademarks/usage/general.aspx
Click to expand...

Apple isnt using Ms for using the term windows, something apple said way before MS. You also dont see apple using MS for using Word, or OFFICE either.

MS can NEVER be orginial they just steal ideas from apple.

Like I said, they could easily call their app store WinApp Store or even Mobile App Store and it would be fine, but they want to be cute and copy apple and just call it app store.
 
To those bitching a few threads back about no jobs - well, at least the lawyers and linguists get a job.
 
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