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Apple says Microsoft hypocritical in App Store trademark war

updated 02:40 pm EST, Tue March 1, 2011

Apple calls out Microsoft on App Store trademark

Apple stepped up its language late Monday in a push to have a court ignore Microsoft's motion to dismiss an Apple filing for an App Store trademark. The iPhone creator directly accused Microsoft of hypocrisy and said it was trying to use the same argument it had rejected during the original fight over the Windows name. If Microsoft could argue that Windows was a proprietary name based on how most people used the term, it couldn't object when more people associated the App Store name with the iOS and now the Mac, Apple explained in the filing.

"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," it said. "Yet, Microsoft, missing the forest for the trees, does not base its motion on a comprehensive evaluation of how the relevant public understands the term App Store as a whole."

The company added that many other mobile providers have gone out of their way to avoid using a term similar to App Store in their naming schemes. Microsoft uses services such as the Windows Phone Marketplace and Zune Marketplace, while Android Market, BlackBerry App World, the Ovi Store and others were consciously worded differently. It complained that companies were refusing to drop the similar use of the "app store" language owing solely to Microsoft's challenge.

Previous claims had gone to the point of suggesting that App Store was a deliberate play on Apple's corporate name to associate mobile apps with its products.

Microsoft has been hoping to have the trademark attempt tossed owing to its roots as "application store" and that the term is thus far too basic to be trademarked. Among the examples cited earlier, it mentioned that even Apple chief Steve Jobs had referred to "app stores" for Android in the generic sense, hinting that even he was inclined to use it generically.

Disputes over generic usage have been a staple of trademark in the past few decades as certain products, such as Coke, Kleenex, and Xerox, have been commonly associated with the type of product rather than a particular brand. Apple can't prevent common, non-commercial use but can try to prevent other companies from making similar references. [via TechFlash]



By Electronista Staff
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Comments

  1. Parky

    Mac Elite

    Joined: Oct 1999

    +9

    Generic?

    Let's see, what generic terms do MS use?

    Internet Explorer
    Word
    Visual Studio
    Exchange

    All of the above are generic terms.

  1. Paul Huang

    Mac Enthusiast

    Joined: Sep 1999

    +1

    Internet Exploder

    It's funny how browsers are named after cars:

    GMC Safari (a van from the 80s)
    Ford Exploder (1989)

    Well...one exception.
    Netscape Navigator predates the Lincoln Navigator.

  1. aristotles

    Grizzled Veteran

    Joined: Jul 2004

    +6

    More generic terms used by MSFT

    Excel, access, outlook, publisher and expression just to name a few.

  1. nat

    Junior Member

    Joined: Mar 2002

    +11

    programs

    ms should call is the prog store. they have programs right? apple has always had applications.

    Comment buried. Show
  1. ilovestevejobs

    Fresh-Faced Recruit

    Joined: Feb 2007

    -29

    Good for MS

    I hope this MS wins this since Apple is such a tool

  1. global.philosopher

    Fresh-Faced Recruit

    Joined: Sep 2010

    +4

    Just when you start to fel sorry for MS...

    they go and do this. After being kicked from pillar to post in the Mobile market you start to feel sorry for them and even wish them a tiny bit of success they go and remind us all why they are not be given any simpathy.

  1. DeezNutts

    Fresh-Faced Recruit

    Joined: Apr 2008

    -1

    lol the prog store


    I am not sure which way I want this to go, I think that its a valid concern (app store) and should be reviewed (the trademark).

    If Apple wins however I'm going to call it a done deal.

    lol at whoever said MS should call it the Prog Store.

  1. MorituriMax

    Fresh-Faced Recruit

    Joined: Jan 2010

    +4

    Touche!

    Apple makes an excellent point when they point out the generic nature of Microsoft's flagship product.

    Oh, wait, flagship isn't patented is it? I don't want to get sued.

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