Apple Slams Microsoft's 'App Store' Challenge

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Microsoft is still challenging Apple's attempt to trademark the term "App Store." Things got a bit more comical this week when Apple lawyers pointed out that the term "App Store" is no more generic than the name Windows. :D

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.
 
"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."

Wut?
 
IMHO the term "app store" really is too generic to patent, because "Windows" can literally refer to two different things while "app store" cannot. It's not an "innovating" name like ipod or iphone either, it's just a term used to talk about a market to buy smartphone applications. Really curious if Apple is going to get away with this one...
 
The HUGE difference imho is that app store is a generic term for what exactly it is, not just a generic term in general like "Apple" or "Windows"

MS Windows is not a brand of home/car windows and "Apple" is not a brand of eatable apples...

But "App Store" is EXACTLY what it describes and store of apps or applicaitons.
 
The HUGE difference imho is that app store is a generic term for what exactly it is, not just a generic term in general like "Apple" or "Windows"

MS Windows is not a brand of home/car windows and "Apple" is not a brand of eatable apples...

But "App Store" is EXACTLY what it describes and store of apps or applicaitons.

Exactly!
 
well i do get the point of this but honestly i first thought 'App Store' ment apple's store for things you can buy instantly online like apps, songs, movies and stuff (i know they have itune store for that) and they just named it like short form as they did for 'my personal machinthosh' naming it iMac. well either way the hell with them wasting their money like that on things that actually no one cares about. stop paying those lawyers for that and donate that much more microsoft, you should know better.
 
Nice try Apple. You not only could you not get the antenna right on the iPhone4, but you can't even get this right too. I swear, every time I see Apple pull shit like this it makes me even happier that I went with my EVO instead of a shitty iPhone 4.

Although everyone calls it "Windows", the trademarked name for the operating system is "Microsoft Windows". That's one of the reasons why a companies like Newpro or Anderson can sell a window made out of glass and not infringe on Microsoft's trademark. Microsoft's trademark is specifically made towards their software, and although you may get a few morons who'll get this wrong, if you tell someone that you just installed new windows on your house they don't think that you somehow installed MS Windows into the physical structure. :D

For some reason I keep thinking that Microsoft actually ran into this problem a few years ago with the Windows name too, and ultimately that's why the software is referred to as "Microsoft Windows". Also, although I'm sure Microsoft has managed to trademark the word "Windows", the fine print most likely says that it is trademarked in reference to a software program only.

It's also the reasoning behind why Apple themselves are legally known as "Apple Computer, Inc". Yes, they did managed to trademark the name "Apple ®", but the specific connotation associated with it is "computers, computer software, computer peripherals, etc.". (http://www.apple.com/legal/trademark/appletmlist.html). That's why Apple, Inc can't go trying to shut down apple orchards or try to get them to pay a licensing fee to use the word "apple".

Now, if the Apple's legal team would get their head out of their collective asses, instead trying to trademark "App Store" they should trademark "Apple App Store" instead. Nobody would complain. The latter implies almost exactly what it's for; an application store specifically for Apple's devices using their operating system. "App" has become an ambiguous term and is broad enough that it covers works not related to Apple or their devices.

Sorry Apple, this just reeks of you trying to cash in on frivolous trademark infringement cases by trademarking a now generic term and suing people who are not even writing software for your shitty devices. Some days I wish Jack Tramiel would have ponied up the extra couple of grand to buy out Apple in the early days of computing. Apple would have become a division of Commodore and would have gone the way of the Amiga when CBM went under in the early '90's. :D
 
Man people hating on the iPhone in the [H]ard|Forums is pretty wide spread. Has really no basis because I never had a problem with the iPhone 4 and it overall was a MUCH better phone than the evo. I have both so w/e. Anyways I do agree that app store is very generic.
 
Solution:

Microsoft Application Market 2011 SP1 Rollup 2 for Windows Phone 7 Devices

Tada! It even retains Microsoft's "branding DNA" even thought that DNA has a few extra chromosomes...
 
Man people hating on the iPhone in the [H]ard|Forums is pretty wide spread. Has really no basis because I never had a problem with the iPhone 4 and it overall was a MUCH better phone than the evo. I have both so w/e. Anyways I do agree that app store is very generic.

You know there is more than the Evo for Android. Right?

It;s not that people have "problems" with the iPhone. It's that it's not eveolved since launch. It;s Jobs way ot the highway.

I'll take my Nexus One running Cyanogen any day over the dictates of that emaciated talking ego.
 
"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."

Wut?

When GUI based OS systems first came out, they were largely called Window Operating Systems, thus by the time Microsoft Windows was released they were taking a common term as their own.

Either way, it's still is funny that Microsoft didn't object until almost two years after started to make moves to trademark the term.
 
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