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

[Dr McKay]

By that argument, aren't windows and office generic terms???

Aren't Pages, Apple, and Safari generic terms?

Only in the software industry. These are all generic terms outside of the realm of software, but in software they are patentable.

It'd be like Apple or Microsoft trying to call their next OS "Operating System" and trying to patent it, or trying to release a piece of software called "Internet Browser" and trying to patent that.

 

[3N16MA]

What it comes down to is Microsoft just wants to leech off of a name Apple has worked hard to build over the past few years. I'm sure if Apple did not popularize and create such huge mindshare with the App Store Microsoft would have probably have gone with something like Microsoft Application Marketplace.

 

[Kwill]

Here's a novel thought. Why doesn't Microsoft create something, you know, novel?

 

[kurosov]

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.

This argument has nothing to do with the term "app" but with the legally given trademark "app store".

The term app store was never used before the release and subsequent trademark approval of apples app store so anybody arguing that the term is generic are just being silly. The whole concept of a trademark is to protect a companies name, slogan etc from becoming a generic term and to prevent that they have to defend against it.

 

[JAT]

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.

One, windows is a generic IT word. Yes, it is. That's WHY M$ named it Windows, because it was a term that described what you see on screen. Personally, I was annoyed when they called it that for their 2bit crap OS shell. Two, that doesn't matter today, M$ is not going after people for usage of "windows". Three, Apple can certainly attempt to trademark a term. That's why we have trademarks. All these arguments are circular. "You can't because you can't." Silly.

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.

Yes, military rulers have always been so wonderful in human history.

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..

See, that's really the point. Apple was the first to use this term. It doesn't matter what letters it uses, it's the combination that is at stake, here. I don't care who wins, they could certainly trademark this no problem. That's what a trademark is, if your term was so strange and unrelated to your industry, you wouldn't need legal backup.

 

[Edot]

I'm not sure why there is so much argument about the term "app". The trademark is for "App Store" not for "app". It would be like arguing that "Burger King" is not a valid trademark because "burger" is a generic term.

 

[Omniblast]

By that argument, aren't windows and office generic terms???

I don't think Microsoft sues or claims to send cease and desist letters to people who make actual windows. I think they know the difference between software and a actual window.

 

[cube]

I'm not sure why there is so much argument about the term "app". The trademark is for "App Store" not for "app". It would be like arguing that "Burger King" is not a valid trademark because "burger" is a generic term.

What about "Burger Store" ?

 

[rotobadger]

What about "Burger Store" ?

BurgStore

 

[Skika]

As i recall apple was the first to call applications apllications. Windows uses programs. So why dont they use program store? Or prog store? They never used apps or applications nor they didnt complain before, they just hatin couse they want to profit from the name apple made famous and everyone thinks of apple's app store when the term is being thrown around.

They want to copy again thats the bottom line, and becouse they cant they want to play childish games.

 

[patsfan83]

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.

How long has Apple been using .app as an extension for applications?

 

[Xian Zhu Xuande]

At least this is entertaining to watch.

Microsoft aren't selling windows called Windows, they're selling an OS called Windows. It is a generic phrase, but it's not a generic phrase for the object it describes. App Store is (to me at least!) a generic phrase for an application store.

And Apple has a online software store called the 'App Store'.

It may seem silly at first, but view the history of 'app' and the argument materializes.

 

[LegendKillerUK]

Just for those that insist Microsoft only ever uses the term 'program' . XP dates back to 2001.

 

[TomCondon]

Wirelessly posted (Mozilla/5.0 (iPod; 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)

There's a place in my town called "fresh fish".

Now THAT is a generic term.

 

[cube]

BurgStore

And Burg does not mean Burger.

 

[JAT]

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....

I agree with the rest of your post, but this is incorrect. "Windows" the trademarked term did not come up yesterday like "appstore". It was first used for a new version of DOSshell, all it could claim was a gui interface on MS-DOS, aka "windows". MS-DOS was an OS, Windows through at least Win98 was not.

But that fight was resolved (poorly) years ago, people should stop using it as a reference.

 

[iCrizzo]

Just seen on Mashable that Apple is now releasing a new iPod touch aimed at children. Now the Catholic church is suing Apple because they are naming this new device iTouch Kids.

 

[OllyW]

Just for those that insist Microsoft only ever uses the term 'program' . XP dates back to 2001.

Spoilsport.

Fancy bringing up facts to ruin their argument.

 

[brayhite]

Apple should chime back and argue that Internet Explorer is too generic. The term internet needs no explanation, and the term Explorer already existed as well as to represent searching and discovering things.

I mean, if App Store and it's common connotation between mobile users as referring to APPLE's App Store isn't enough proof for Apple, how could MS make a rebuttal to the above claims?

 

[3N16MA]

What about "Burger Store" ?

Is anyone currently using the term Burger Store? Has anyone built a brand using the term Burger Store? Does the general public think of a particular store when someone says Burger Store? I'm pretty sure people do not say "hey lets go to the Burger Store." The term Burger Store has no mindshare from what I know with the general public. No one uses it as a brand name.

 

[jonhaxor]

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

hardly original .. holyshnikes beat you to it about 3 years ago

personally - I like the appapp store, or perhaps the appsmear (goes well with the ipad for feminine hygiene)

 

[BC2009]

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.

It does not matter if the term was created in the IT industry or not -- it matters if it has a generic defined meaning in that industry. Windows had a generic defined meaning in the IT industry before MS had a trademark. The single word in-and-of-itself was generic in that industry before any trademark existed -- and they got the trademark WITHOUT any descriptive modifiers on the end.

At least Apple is being more specific in their trademark and adding the word "store".

By the way... the term "application" and "app" were not first used in the IT industry either. People were filling out "employment apps" long before they were pounding keys on computers. Back then the word "app" meant a form you filled out (and continued to mean that even back when we referred to "apps" on computers as "programs")

I think that means I have debunked your "origin of the word in the IT industry" in two ways.

I still believe that while these terms are generic, we have many precedents (including Microsoft) of generic terms being given as trademarks.

If you were to describe the "Android Marketplace" it could still be described as an "app store" or "application store", but it could not be branded as "App Store" -- that's what a trademark means. Just like Mac OS could still be described as a "windows operating system" or OpenOffice can still be described as an "office productivity suite". Even names like "OpenOffice" "QuickOffice" are allowed as trademarks because they differentiate from the generic term for which a trademark exists.

Description and Branding/Trademarks are very different. Apple wants to use the term "App Store" as part of their brand. There will still be other things described as "app stores". Given what has been done by other companies I don't see why they should not be allowed.

 

[Dr McKay]

Here's a novel thought. Why doesn't Microsoft create something, you know, novel?

Kinect Fastest Selling Gadget Ever
Microsoft Phone App turns normal pics into 3D models
Microsoft invent 234 inch Touch Screen

 

[gnasher729]

What about "Burger Store" ?

Let's say you have a conversation with a friend like this "I'd really like a burger right now. " "Ok, where shall we go? " "To the nearest xxx, of course!". Which of these could you imagine saying without your friend thinking you are weird:

Burger King
Mc Donald's
burger place
burger store.

 

[milo]

While my gut wants to side with MS on this one, there's a simple test of whether App Store is generic or not.

Before apple created the App Store within iTunes, was the term in use (and specifically "app store", not just "app")? Possibly more importantly, before they applied for the trademark was any company selling apps and calling it by that term?

It probably comes down to prior art - if it truly is a generic term, then someone should be able to provide the example of X used the term in 19XX, before the trademark was filed. Anyone here able to provide an example of the term being used before Apple filed for it?