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

[room237]

It depends on what the meaning of the word "is" is.

If "is" means is and never has been, that is not--- that is one thing.
If it means there is none, that was a completely true statement.

 

[Stella]

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!

Isn't "Hoover" the reason why the word "Hoover" became a generic term for a vacuum cleaner? The power of the brand name itself. Much like its common in the states to hear "Xerox" to describe a photo copier? Or to "Google" to search on the internet..

Or, Sallatape ( spelling ) for "sticky tape"...

 

[powers74]

ideas

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.

Wow, great point. Care to pick off any of the other ideas?

 

[dmula]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_0 like Mac OS X; en-us) AppleWebKit/532.9 (KHTML, like Gecko) Version/4.0.5 Mobile/8A293 Safari/6531.22.7)

'app store' means simply 'store at which apps are offered for sale,'

So what about Apple store?

 

[destroyboredom]

Apps

Go to about 1:03

http://www.youtube.com/watch?v=Ko4V3G4NqII

 

[cube]

Isn't "Hoover" the reason why the word "Hoover" became a generic term for a vacuum cleaner? The power of the brand name itself. Much like its common in the states to hear "Xerox" to describe a photo copier? Or to "Google" to search on the internet..

Or, Sallatape ( spelling ) for "sticky tape"...

Scotch tape.

You don't google using Bing. You google using Google.

 

[amarcus]

After a bit of thought I think I'm siding with Apple... here's why:

The strongest argument I've read against the trademark is that 'App Store' is describing the very thing it actually is. Someone likened this to renaming 'Windows' to 'Operating System'.

However what isn't appreciated is that 'App' is in itself an abbreviation. It's debatable whether apple popularised it or not but thats not the point. Basically it would be like renaming 'Windows' to 'Ope System'.

I'd argue that 'Ope System' could be trademarked whereas 'Operating System' couldn't...

 

[bitWrangler]

Thought it was clear so I'll try again.


Notice the iTunes.exe in the middle? It being the actual program but is denoted as Application.

The question was, "yeah, so what". How does this factor into this discussion?

 

[Lone Deranger]

The real question is why MS is so bothered about Apple using 'App Store'. Historically MS (almost) never used the word App, instead using the word Programs. Surely MS can come up with many alternatives that describe their own store equally well, if not better. Why fight with Apple over this? I can only conclude that it is to spite Apple, or to ride Apple's coat tails yet again.
Even if MS is right, logically, linguistically, I find their attitude over this rather puerile. PR-wise it says to me "Apple, if we can't imitate you, we'll sue you"
MS sinks lower in my opinion by the day.

 

[Stella]

Scotch tape.

In the UK its sellotape ( got the spelling correct ) to refer to sticky tape.

"Don't sellotape the paper to the wall, the paint will come off!"

Scotch tape is a brand name of sticky tape, as is sellotape.

 

[logandzwon]

So if Apple losses can they just go and make a really, really crummy, crash prone application that sells MP3, that are encoded really poorly, and is just the most absolutely worst garbage ever and call it, "Da Amazon MP3 and AppStore for Windows and Office" ?


While I do think Apple's TM should be upheld, I do wish they would change the name themselves.

current-
App Store
Mac App Store

How about some variation of these;
Apple App Store
Mobile App Store
iOs app Store
Mac App Store

 

[Vegasman]

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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.

But "Windows" are not operating systems. The "App Store" is an app store.

 

[LegendKillerUK]

The question was, "yeah, so what". How does this factor into this discussion?

The people who in this thread and the last imply that Microsoft has only ever used the term Program and should name their store as such. Turns out Apple weren't the only ones to use it.

 

[ericmooreart]

News Flash 2013 Apple trademarks:

Clothing Store, Shoe Store, Hardware Store, Candy Store and Mayonnaise

 

[Vegasman]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_0 like Mac OS X; en-us) AppleWebKit/532.9 (KHTML, like Gecko) Version/4.0.5 Mobile/8A293 Safari/6531.22.7)

'app store' means simply 'store at which apps are offered for sale,'

So what about Apple store?

It would not be a problem. Unless they started selling fruits.

 

[milo]

Apple is upset at Amazon for using AppStore.
Microsoft is upset at Apple for using App Store.

What's your point? Are you trying to phrase it in a way that sounds like the two are somehow the same? Apple was awarded the trademark to "app store" and other companies want to use it - whether that trademark holds up we'll have to see.

Go to about 1:03

http://www.youtube.com/watch?v=Ko4V3G4NqII

And what does that have to do with the app store trademark? He doesn't mention "app store" does he?

However what isn't appreciated is that 'App' is in itself an abbreviation. It's debatable whether apple popularised it not but thats not the point.

Good point. The obvious alternative to App Store is Application Store.

Along those same lines, the term ANDROID was in general use and considered generic and not trademarkable. In Star Wars, George Lucas used the term Droid - since it hadn't been used before he was able to trademark the shorter term (which he still holds).

News Flash 2013 Apple trademarks:

Clothing Store, Shoe Store, Hardware Store, Candy Store and Mayonnaise

What about the Container Store, which is trademarked? Seems like the difference is whether or not the term is in common use before the trademark is filed.

 

[cube]

Scotch tape is a brand name of sticky tape.

Yes, like "Xerox", "Band-Aid", and so on.

 

[davelanger]

Why werent all these companies using apple when they first started using the turn app store (before it was making money)? We all know if app store was not making money for Apple, MS would not want to use it.

How long has the appstore been around? A few years now?

 

[DeeEss]

What a cunning linguist he or she would be.

 

[Vegasman]

After a bit of thought I think I'm siding with Apple... here's why:

The strongest argument I've read against the trademark is that 'App Store' is describing the very thing it actually is. Someone likened this to renaming 'Windows' to 'Operating System'.

However what isn't appreciated is that 'App' is in itself an abbreviation. It's debatable whether apple popularised it not but thats not the point. Basically it would be like renaming 'Windows' to 'Ope System'.

I'd argue that 'Ope System' could be trademarked whereas 'Operating System' couldn't...

Nice try. But "app" and "application" have been synonymous for more than a decade. They have always been used interchangeably. "Ope System" and "Operating System" have not been used interchangeably.

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

 

[destroyboredom]

And what does that have to do with the app store trademark? He doesn't mention "app store" does he?

No mention of App store. I was just watching the video recently and found it interesting.

 

[rockosmodurnlif]

MP3 player is a broad term to refer to a whole class of products just like DVD player. App Store was not a generic or broad term used to describe anything before Apple made it popular. They put those two words together and created a brand out of it.

That's like arguing no one put Apple can put "i" before a product name.

I see your point, but in that example there were already products in the market using the term "mp3 player". In the case of App Store, was that term previously in use? And by the way, "Mighty Mouse" wasn't a trademark violation, they listed that it was used with permission from day one.

I stand corrected on "Mighty Mouse". There were app stores before Apple, which is why when Apple premiered theirs I didn't get the big hub-bub. PalmGear, now PocketGear, was selling apps for Palms when Apple was working on OS X. Handango too I think. These were app stores before Apple's App Store.

 

[rotobadger]

What's your point? Are you trying to phrase it in a way that sounds like the two are somehow the same? Apple was awarded the trademark to "app store" and other companies want to use it - whether that trademark holds up we'll have to see.



And what does that have to do with the app store trademark? He doesn't mention "app store" does he?




Good point. The obvious alternative to App Store is Application Store.

Along those same lines, the term ANDROID was in general use and considered generic and not trademarkable. In Star Wars, George Lucas used the term Droid - since it hadn't been used before he was able to trademark the shorter term (which he still holds).




What about the Container Store, which is trademarked? Seems like the difference is whether or not the term is in common use before the trademark is filed.

RoomStore too.

 

[logandzwon]

What about the Container Store, which is trademarked? Seems like the difference is whether or not the term is in common use before the trademark is filed.

I'm not disagreeing with you, but can you, (or anyone,) provide a link to something showing "Container Store" is TMed?

Update;
I can find "The Container Store" but not "Container Store"

 

[Uragon]

The real question is why MS is so bothered about Apple using 'App Store'. Historically MS (almost) never used the word App, instead using the word Programs. Surely MS can come up with many alternatives that describe their own store equally well, if not better. Why fight with Apple over this? I can only conclude that it is to spite Apple, or to ride Apple's coat tails yet again.
Even if MS is right, logically, linguistically, I find their attitude over this rather puerile. PR-wise it says to me "Apple, if we can't imitate you, we'll sue you"
MS sinks lower in my opinion by the day.

Completely agree with you. Not sure why Microsoft making this a BIG deal.