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?
That's not true. I always find it annoying when I hear "THE App Store".
Which app store?
I thought the poster I was referencing referring to the word "App"... apparently he wasn't. Yes, I know Apple are trading marking "App store".
zacman said:BC2009 said:"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.
No they weren't. This has been discussed time and time again here. The word "App" has been used for decades to describe a software Application.
For example "Killer App", or more recently, "Web App" ( Java )
If that's not true, then where were you hearing the term "app store" used before apple trademarked it? No question there are multiple stores selling apps now, but if it was a generic term then there should be examples of use before the trademark filing. Example?
Maybe Bill should spend some more money on developing a decent OS in stead of whining about Apple's wording of something.
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.
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?
Quote:
Originally Posted by Vegasman
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
What I understood is that the word "App" by itself is not the reason for the lawsuit, but the term "App Store" is; both words used together. .
App market?
Program Store?
Program Market?
App Hub?
App Universe?
App Base?
Tool Shed?
Imagination?
Hello?
I didn't need to hear it before. It was always generic.
back here in the UK Hoover were able to trade mark Hoover as their name despite the fact that hoover is the generic term for a vacuum cleaner!
App market?
Program Store?
Program Market?
App Hub?
App Universe?
App Base?
Tool Shed?
Imagination?
Hello?
What is the App Store? It is a store where you buy apps, an app store.
It's not a "shed where you buy apps", for example.
Am I missing something from this? You're using a screenshot of Windows showing file types and the only thing showing the use of the term "Application" is on iTunes related files?
How does that prove your point? I really don't know if I missed what you were actually trying to convey? It's kinda like when someone is horribly wrong and because of that you start to question yourself if you were even right in the first place.