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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?

Yay! Somebody who understands the question!

It's so funny watching people write "well windows/office/word is generic" (although nobody does that with Apple/pages/numbers/keynote). Clueless! :rolleyes:
 
That's not true. I always find it annoying when I hear "THE App Store".
Which app store?

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?
 
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".

My point is that any post referencing "app" and its usage is pointless to this topic, because that is not the term in question with this legal battle. If M$ and their linguist work on "app", they should lose.

Frankly, I don't care who wins this battle. I guess I lean towards Apple, but that's mostly just bias against M$, to a lesser extent the fact that Apple was the first to use this particular term, AFAIK.

I always call them all "store", honestly. My mom has a Storm, dad has a Droid, several close people including me have iDevices, friend has some ancient Sprint device (Win, maybe). So I say, "go to the/your store [meaning appstore in the phone] and look for xxx."
 
The term "app" may be generic, but there was no "app" until Apple came into the picture. Apple got there first and everyone (as usual) followed.
 
What about Appp Store? Huh?

Both parties look like idiots for real.
Stop arguing over a generic term.
 
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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.

Windows are generic. More so than app store. Just took at your browser and see where it says open a new window. This is not specific to only windows OS.
I am old enough to remember the complaints of Microsoft calling there OS windows when they were not the first to create the concept.
 
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 )

I still have a netscape T-shirt from the mid-to-late 90s with a Mozilla and "Internet's Killer App" on the back .. and Web App .. everyone uses that term (not just java) to describe some sort of pluggable thing into <insert web service> framework .. you could say that Jobs pioneered some of this back at NeXT with Objective C Web Objects .. but that might be a stretch if you ask Booch or the OMG
 
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?

I didn't need to hear it before. It was always generic.
 
Maybe Bill should spend some more money on developing a decent OS in stead of whining about Apple's wording of something.

Sorry but you've gotta be the dumbest person around here. 'Bill' has no involvement in Microsofts activities and hasn't done for a LONG time.

Microsoft have a very valid argument. Just because they are MICROSOFT it doesn't mean they are always wrong. (I know, it's shocking isn't it!)
 
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, blame it on the lawyers. :rolleyes:

Lawyers solve problems. Here, we have a dispute amongst the 2 businesses. The lawyers are just arguing the positions of their respective clients. Not sure why the lawyers deserve much, if any, of the blame.

People act like every lawyer is a ambulance chasing scumbag. Well, that is until they're wronged in some way and call their lawyer to help.
 
Seriously...

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?


Exactly what needs to happen ^^^^
Down with Windows and it's viruses, crashing, terrible OS's and general disposable nature.
 
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. .

Correct. I was simply providing additional evidence that "app" was used before the App Store. Something the poster I was replying to was saying and something a lot of other posters are claiming is not true.
 
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.
 
If Apple wins this argument, obviously that would prevent MS from calling theirs the "App Store" - but can they still use the phrase descriptively? I.e. "Welcome to App Market, Microsoft's app store."

If they can't (and Microsoft, Google, Blackberry etc. all trademark the others, App Shop, App Market etc.), then how do you describe what the App Store/App Shop is? I can't think of a more generic variant which could be used to describe it. "Windows" is an OS. "Internet Explorer" is a browser. "Office" is an application suite. "App Store" is...errr... an app store.
 
Agree with Microsoft.

I suppose Apple could go the route that "App" is not short for "Application" but instead is short for "Apple".
 
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Apple is upset at Amazon for using AppStore.

Microsoft is upset at Apple for using App Store.

Interesting.
 
I didn't need to hear it before. It was always generic.

Well, whether it is generic is a matter of opinion, that's what's being debated in this case. I argue that if it truly is such a generic term, there should be prior art demonstrating use of it before Apple came along.

I don't understand why the other companies have to use that term - why not just have the Android Store and the Windows Store? Seems like that would be less confusing anyway.
 
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!

Well, we ask for a "Kleenex", not a tissue.

We drink a "Coke", not a soda.

We use a "Band-Aid", not an adhesive bandage.

We like to "Roller Blade", not inline skate.

Although we don't "Hoover" here in the United States, I think "Hoover" falls into the "Coke, Kleenex, Band-aid, etc." catagory in England.
 
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.

Thought it was clear so I'll try again.

bQOJh.jpg


Notice the iTunes.exe in the middle? It being the actual program but is denoted as Application.;)
 
I don't get Microsoft's angle here.

Apple build up and popularized the term App Store and put equity into it.

Microsoft's only goal has to be able to trade on that equity themselves with their own ecosystem, instead of building their own.

Anyways the whole thing is hilarious and very immature.

Who would of thought that you required scientists to write a dictionary.
 
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