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Challenges Apple's claim to "App Store"

Microsoft is challenging Apple's filing for a trademark on the term "App Store," Good Gear Guide reports, because it feels the term is generic and that competitors should be able to use it as well.

In its 2008 filing with the U.S. Patent and Trademark Office, Apple defined an app store as "retail store services featuring computer software provided via the internet and other computer and electronic communication networks." Its App Store was launched that year, along with the iPhone 3GS. It now boasts more than 300,000 available apps. Most recently, Apple launched the Mac App Store just weeks ago, for use with its desktop computers and laptops. 

Microsoft filed a motion with the Trademark Trial and Appeal Board yesterday, challenging Apple's claim to the term. Apple's trademark request page says "an opposition is now pending."

Microsoft argues that both "app" and "store" are generic terms, and that consumers use the term "app store" generically to refer to an online store where applications are sold. It even used Steve Jobs' own words against him, quoting a published interview where the Apple CEO said, "Amazon, Verizon, and Vodafone have all announced that they are creating their own app stores for Android."

"Competitors should be free to use 'app store' to identify their own stores and the services offered in conjunction with those stores," Microsoft said.

Microsoft launched its own app store in conjunction with the release of Windows Phone 7 devices in October. By comparison, it had 4,000 available apps to download as of mid-December. Research firm IDC praised the quick ascent of the new OS's marketplace.



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RE: Good
By The Raven on 1/14/2011 5:28:03 PM , Rating: 2
Wait...so what are Granny Smiths and Pink Ladies called now?

If this is true that Apple thinks they have some claim to words in the English language that start with APP then they should've thought of a more creative brand name. That is the downside of choosing something that is so easy for people to remember.

Or is this because APP accounts for 60% of their name? So Applebees (which APP only accounts for 33%) has no claim to this? And I know someone will say something about Applebees not being a tech company, but Apple has tried suing non-tech, non-competitors before.

Are you saying that if I start a company called Micadonics that makes microphones, then people would have to ask me permission before they called a microphone a mic? Since the company name starts with the same letters?

I think intellectual property and trademarks dress etc. should have a measure of protection like anyone else, but Apple has gone crazy with this crap. Especially when they don't even follow their own demented logic...
http://en.wikipedia.org/wiki/Launchpad_%28Mac_OS_X...
http://en.wikipedia.org/wiki/Launchpad_%28website%...


"So, I think the same thing of the music industry. They can't say that they're losing money, you know what I'm saying. They just probably don't have the same surplus that they had." -- Wu-Tang Clan founder RZA

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