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If App Store's Trademark Is Generic, So Is Windows'
Toe, The writes "In response to Microsoft's attempt to dismiss Apple's 'App Store' trademark application, Apple references Microsoft's claim to the Windows trademark. 'Having itself faced a decades-long genericness challenge to its claimed WINDOWS mark, Microsoft should be well aware that the focus in evaluating genericness is on the mark as a whole and requires a fact-intensive assessment of the primary significance of the term to a substantial majority of the relevant public.'"
On the other hand, "Apple" implies a fruit of the apple tree (Malus domestica L.), generally used for the purpose of nourishment.
Ok, trolling, I just couldn't resist. And I see your point.
However it always surprises me when people (Apple, Microsoft, you name it) waste time in scolding each other on such trivialities. (To anybody who is going to say trademarks are not trivialities as lots of money are involved etc... I am aware of all that. I just find it all meaningless.)
Mostly harmless.
But Microsoft does sue companies that make products with names similar to Windows. They sued Lindows. If Microsoft can successfully sue over the Windows trademark, why can't Apple successfully sue over the App Store trademark?
What a fool believes, he sees, no wise man has the power to reason away.