Microsoft Fights Apple Trademark On 'App Store'

angry tapir writes "Microsoft is asking the US Patent and Trademark Office to deny Apple a trademark on the name 'App Store,' saying the term is generic and competitors should be able to use it. Apple applied for the trademark in 2008 for goods and services including 'retail store services featuring computer software provided via the internet and other computer and electronic communication networks' and other related offerings."

Comments

Microsoft App[le] Store

[PatPending]

"Microsoft App Store" will always be "Microsoft App[le] Store" in my mind because Microsoft is (once again) playing catch-up.

Re:Apple was not first user of name 'App Store'

[znu]

If users call it the "Android App Store", it's precisely because Apple popularized the "App Store" terminology. It would have to be, because Google doesn't call it that. Google calls it the "Android Marketplace".

To be fair

[Andy Smith]

I'm no Apple fan, but to be fair, when I hear "app store", I think of Apple. When I hear of another company's service being referred to as an "app store", I think of Apple. Apple has made the term "app store" what it is. I don't think Microsoft would be too pleased about Apple beinging out their new Windows interface for iDevices.

Re:To be fair

[VortexCortex]

I'm no Apple fan, but to be fair, when I hear "app store", I think of Apple. When I hear of another company's service being referred to as an "app store", I think of Apple. Apple has made the term "app store" what it is. I don't think Microsoft would be too pleased about Apple beinging out their new Windows interface for iDevices.

That's funny... When I hear "app store" i think: $_ =~ s/app(lication)? store/repository/;

I've been using software repositories with Unix and Linux long before Apple decided to put a repo on a phone.

Point being: I guess association depends on what name it was introduced to you as, and on what device/platform when you first encountered the idea of software repositories.

'cmon, we all know Apple is trademark happy -- snapping up all i*, and *pod names, including established names like podcast -- No, I don't think trademarking generic terms, or terms that are already established is acceptable. Let them have "Apple App Store", doesn't roll off the tongue, but in commercials they can just say, "our app store".

Making a joke of the Trademark system?
Apple's got crap for that.

Re:Windows

[catmistake]

In the case of "app store", Microsoft has a good case, because Apple is trying to trademark the general shortening of "application". I don't think the shortening of "application store" to "app store" will be able to withstand the attack of genericity.

Actually not. You have to see the keynote when Jobs introduced the App Store to see that "App" is NOT an abbreviation of application, but a new word they coined that day. Jobs discussed the differences between the two concepts, so, not an abbreciation, but a separate word (albeit a homonym of the abbreviation of application).

Also, "app store" is NOT generic.

The generic term for Apple's App Store is package manager.

Re:Windows

[johny42]

True. It's a bit like asking Google to change it's name cause it's a generic term for googling something and competitors should be able to use it.

That actually happens, which is why Google actively prevents spreading of the verb "to google".

Re:Windows

[smooth wombat]

Believe it or not, Internet Explorer is not trademarked. Many, many years ago, when browsers were just coming into existence, there was a product called Internet Explorer which someone was selling (via floppy disk).

Microsoft came along and made their Internet Explorer and gave it away for free. The guy sued them claiming infringement but because he had not trademarked the name, there was no case. Thus, Microsoft drove him out of business and continues to use the name Internet Explorer without issue.

Don't believe me? Open up Internet Explorer and check the About info. Windows is copyrighted but there are no marks for Internet Explorer.

Thus, if you wanted to make a browser called Internet Explorer, you are free to do so.

* I'm sure someone with a bit more knowledge will correct me on the specifics, but the above is a general description of what happened.

Re:Windows

[garyebickford]

In fact, there is a much evidence that App is a shortening of Apple as it is application

Nope, it was widely used for NeXT machine applications - even to the extent of using the .app extension to define a directory containing an application's code and other files. We used to talk about what would be the NeXT's "killer app" back in the day. But then NeXT ended up as part of Apple, so where does that put the question? :D