Microsoft Objects to Apple's 'App Store' Trademark Application

[neteng101]

Uh, "Windows" anyone???

Nice one!

Just sad to see what M$ is up to these days. They should put their resources into Office Mac (which is still a stunted foster child), Visio for Mac, etc... it would actually help their bottom line then.

Resistance is futile, they should just join in the Mac revolution.

 

[4D4M]

Everything Microsoft does these days screams DESPERATE. They can feel it all slipping away, and everything they do just makes things worse.

 

[Schtumple]

There are many examples of trademarks that have become "generic terms", e.g. hoover (in the UK), coke (meaning any cola). Generally it points towards market dominance for the company concerned. Perhaps this is what Microsoft is conceding!

Yup, sadly in the age where everyone can sue everyone, it doesn't work like that. I doubt Apple will win this one, but I wouldn't like to see a Microsoft App Store, an Android App Store, a Nokia App Store etc etc.

 

[Evangelion]

"Windows" is also a generic word....

Yeah, people might use the word "app store" to describe stores like this. But the reason for that is that Apple popularized the idea with their store. It might seem obvious now, but it wasn't obvious back when Apple released it.

This is like back when Palm was the dominant PDA, and Microsoft wanted to enter the market. Initially they called their products "Palm PC". They later changed it to "Pocket PC" after Palm objected.

Microsoft, always riding on coattails of others...

 

[zacman]

And "Windows", "Office", "Word", and "Access" are not generic terms? Microsoft has those trademarked. Sounds like the pot calling the kettle black.

These are not generic in the computer class. "Operating system" or "App(lication) store" are.

 

[tom613]

Uh, "Windows" anyone???

My first thought.

And for all the ones who don't speak English as a native language:
Powerpoint = the holes in your wall where you plug in a device
Excel = to be "excellent" as something
Access = to be granted to do/get something
Word = a construcht of letters
...

anyone wants to continue the list?

btw: I don't speak English as a native language and still "powerpoint" means these e-slides we use on our computer...there was a time when you actually had to write/print slides for a projector...

 

[Xian Zhu Xuande]

Yeah, Microsoft who trademarked Windows, Word, and other things...

This is actually the reason why I can be sympathetic to both parties, but not for the typical reasons. Microsoft's trademark of Windows is as it relates to an operating system; Word as it relates to a word processor. These names have become iconic and are used to describe their platform. The App Store is an iconic name for Apple. What these companies are doing is using the trademark system in exactly the way it was intended. I think App Store may be an appropriate trademark, but Microsoft is well within its grounds to challenge it, and would benefit from the use of such a name because Apple has already laid some groundwork to make it familiar and lucrative.

There are problems with this system. For example, Pillsbury is attacking a small local business here called Dough Girl (they sell baked goods) because of any relation it might have to the Pillsbury Dough Boy. It is just bullying. Monster attacks virtually every stupid thing it can dream up.

 

[dwd3885]

Yea like most of you, I can see it both ways. Apple might as well try to patent it and Microsoft might as well try to object.

 

[el-John-o]

Yeah, Microsoft who trademarked Windows, Word, and other things is complaining against Apple for trademarking a word (not the trademarked version) that Apple essentially created. Almost no one was using app with regularity before Apple used it (Apple started in OS X with their .app packages). Besides, app could be short for Apple and not application. If anyone has claim over it, Apple does.

Actually, Microsofts Trademarks on Office, Windows, Word, etc. are defunct. Notice on newer versions, the trademark logos are missing except for Microsoft? It all started when Microsoft sued an easy-to-use Linux distribution called "Lindows", and the judge ruled that "Windows" refers to a basic function of the operating system, and is not trademarkable, same with "Office" and "Word" being super generic. They still have Excel and Powerpoint, however.

-John

http://www.nytimes.com/1993/02/25/business/microsoft-trademark-setback.html

A February 1993 New York Times article on Microsoft losing it's trademark on "Windows"

 

[BornAgainMac]

I like Microsoft's description "virtual store for apps". They crack me up. I hope everyone can just call it "app store". Everyone knows Apple made it famous.

 

[Geckotek]

My team at work is the Business Applications team, shortened to Bus App. Apple didn't come up with the idea of using App for Application.

I like Microsoft's description "virtual store for apps". They crack me up. I hope everyone can just call it "app store". Everyone knows Apple made it famous.

Making something famous is not grounds for a trademark.

 

[jimmer-uk]

Yup, sadly in the age where everyone can sue everyone, it doesn't work like that. I doubt Apple will win this one, but I wouldn't like to see a Microsoft App Store, an Android App Store, a Nokia App Store etc etc.

Actually as a customer I'd like to see the above. Itw ould simplify and streamline the market for all users to just know each company etc has an app store

 

[Regbial]

Lol

are you serious? will the rivalry ever end? but still, what they are arguing about does kinda make sense. does apple own the term "app" now?

 

[Žalgiris]

I kind of agree with M$ here. App Store is very generic.

App World isn't?

 

[Evangelion]

These are not generic in the computer class. "Operating system" or "App(lication) store" are.

Was anyone talking about "app stores" before Apple launched their App Store? No, so how exactly is it generic? The term came to being only after Apple released their store called "App Store".

Nokia had something similar in their smartphones long before Apple released the App Store. It wasn't called "app store", it was called "Downloads". "app store" entered popular vocabulary only after Apple announced their store.

 

[deannnnn]

Yeah I can see Microsoft's point here. But shouldn't Microsoft call them programs, not applications, to align with the Windows environment?

 

[Anaemik]

I imagine some people here wont , but I totally agree with Microsoft here.

Yeah, totally agree. This seems far too generic to trademark imo.

 

[aarond12]

As much as it pains me to say so, I have to basically agree with Microsoft on this one.

That being said, other terms such as Kleenex, Elevator, and Coke are also registered trademarks, but have become generic in everyday language.

 

[dwd3885]

As much as it pains me to say so, I have to basically agree with Microsoft on this one.

That being said, other terms such as Kleenex, Elevator, and Coke are also registered trademarks, but have become generic in everyday language.

Elevator? Really?

 

[bytethese]

I kind of agree with M$ here. App Store is very generic.

I imagine some people here wont , but I totally agree with Microsoft here.

Well, when MS can trademark "Windows" and "Word", why not Apple and App Store?

 

[iVoid]

Apple should rename the App Store to 'iOS App Store' anyway now to avoid confusion with the Mac App Store.

 

[freiheit]

specious argument when based on generic terms

I'm not normally the type to defend Apple, they do a decent enough job of that themselves, but Microsoft's argument seems specious. Would they allow other developers to sell "Windows" which is a generic term? Or a text editor/word processor called Word (another generic term)?

I just saw bytethese beat me to this.

 

[Geckotek]

Well, when MS can trademark "Windows" and "Word", why not Apple and App Store?

Because "Windows" and "Word" were terms not commonly used for an OS and a word processor. (Ok, the word processor is pretty close...but point still stands).

 

[neuropsychguy]

App has been, in general use, for the Mac OS. Windows used the term "Programs" in their ecosystem. (e.g. My Programs vs. Applications). In fact, I have NEVER heard anyone call a Windows program an 'Application'

Exactly. It wasn't until I started using OS X, that I really starting calling my 'programs' 'applications.' Even in the old days of Mac operating systems, they were always programs. Apple is really who popularized Applications and Apps. I'm not saying they created those terms but they are largely responsible for their use.

 

[Dusky600]

Microsoft Wins