Microsoft's Latest Legal Tactic: Complaining About Apple's Font Size

[MacRumors]

Over the past few months, we've been following the dispute between Apple and Microsoft over Apple's attempts to trademark the term "App Store". Microsoft filed an objection to the trademark back in January, arguing that the term is too generic to be trademarked and that protection of it would unfairly hamper competitors' application marketplaces.

Last week, Apple fired back, taking steps to convince the U.S. Patent and Trademark Office that the term is not generic and taking aim at Microsoft's position given its own defense of "Windows" as a trademark over the years.

GeekWire now reports that Microsoft's response to Apple's claims is to file a complaint that Apple's filing was too long and in too small of a font size, exceeding limitations set by the Patent and Trademark Office for such documents.

Microsoft, opposing Apple's attempt to trademark the phrase "App Store," today filed a motion with the U.S. Patent and Trademark Office to strike the iPhone maker's latest filing in the case - saying that its response to Microsoft's attempt to dismiss the case violated court rules that limit such briefs to 25 pages, and require them to be in at least 11 point font.

"Apple's response brief is 31 pages, including the table of contents and table of authorities, and on information and belief, is printed in less than 11 point font," reads the motion filed today by Microsoft's lawyers, accusing Apple of manipulating the text to squeeze in more of its arguments against Microsoft's opposition to the trademark application.

Microsoft has requested that Apple be required to refile its motion in compliance with the length and font size requirements and without introducing any new material in support of its argument.

Article Link: Microsoft's Latest Legal Tactic: Complaining About Apple's Font Size

 

[SandboxGeneral]

Wow, it's getting rather childish now....

 

[JoshBoy]

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Your filing it wrong!!!!

 

[jav6454]

Isn't that cure, but it's WROOOOOOOOONGGGGG!

In all seriousness, Microsoft can be such a baby. Grew up Redmond.

 

[Tonepoet]

This could work based on prior experience with the DMV. The government wants all their ts crossed and their i-s dotted.

 

[dethmaShine]

This is stupid. I mean, Apple shouldn't have used 11p font; it doesn't make sense.

All formal reports, etc go in >= 12p fonts.

But on the other hand, I had a good laugh at MS's word on their objection. Lmao!

 

[stev3n]

That is absolutely ridiculous.

 

[al256]

If I were that lawyer for Microsoft that found that.. I'd go home and feel like I earned my pay for the day. lol

 

[netnothing]

Sure.....a simple Applescript on the doc and you can replace things like:

Microsoft = MSFT
with = w/
and = &
Apple =

That should cut things down.

-Kevin

 

[mefck]

As someone who has drafted and filed numerous briefs with courts, the size and length restrictions are almost always taken seriously. It was stupid of Apple's lawyers to do this. At the very least, they should have applied to file an oversized brief.

 

[emwgradstudent]

Breaking news:

Microsoft files additional complaint that the paper on which the 11 pt. text was printed was of the incorrect brightness and weight....

 

[BigJimmyC]

What a stupid post. Microsoft isn't complaining about font size, they're complaining that apple has exceeded the size limit for their response brief, using font size to do so. Get a grip. This is hardly surprising, and these sorts of technical complaints are hardly atypical of lawyers.

 

[nagromme]

I remember messing with fonts to make a paper longer (bless you, Courier!) but never shorter

 

[hfletcher]

They're probably using iWork! Maybe size 11 is smaller than M$ office?

 

[bmb012]

And they used COURIER! And their margins are too wide!

Wait a minute, this is like the opposite of high school...

Dammit Microsoft, stop being a Melvin.

 

[SockRolid]

Microsoft = Patent Police

I can just imagine Ballmer barking at the Microsoft General Counsel:

"Do something! Anything! Slow down Apple so it will be easier to copy them!"

 

[NutsNGum]

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Apple's brand new Retina Court Documents. 4 billion
Pixels per inch.

 

[lseven]

The legal equivalent of TL;DR.

 

[kdarling]

What a stupid post.

This thread is full of silly posts.

 

[stridemat]

Looks like Microsoft need to stop employing those kindergarten kids and find some 'real' lawyers.

Put the wax crayon down Microsoft!

 

[rdowns]

I wasn't aware we had so many patent lawyers on MR.

The Internets, where everyone is an expert.

 

[neim81094]

Lol i didnt even no it was a problem, yea but i think app store is kinda generic, maybe apple app store, like tht makes a difference

 

[spillproof]

Well, Apple isn't about the law. They need to follow the rules just like everyone else (except where Stevey doesn't want too ).

 

[Michael CM1]

Apple should find some app on the App Store that scans documents via an iPhone's camera and then allows you to enlarge text. Include that in the response. #winning

 

[barkmonster]

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Apple computers run "APPlicationS"

So they logically called iOS software "Apps"

Windows runs "PROGramS"

What should Microsoft call their store and the software for their mobile OS? Let me think...