Apple responds in ‘App Store’ trademark dispute | iLounge News

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Apple responds in ‘App Store’ trademark dispute

Following Microsoft’s request that the U.S. Patent and Trademark Office reject Apple’s trademark application for the phrase “App Store,” TechFlash reports that Apple has filed a defense. The company has asked to dismiss Microsoft’s objection to the App Store trademark, pointing to Microsoft’s own long-time defense of its Windows trademark, and stating that Microsoft should be “well aware” that a mark’s genericness depends on the “primary significance of the term to a substantial majority of the relevant public.” 

Apple’s filing goes on to cite testimony from linguistics expert Robert Leonard, who contends that “the predominant usage of the term APP STORE is as a proper noun to refer to Apple’s online application marketplace,” and that mobile application developers and platforms have reasonable alternative names available to them, such as Microsoft’s use of the term Marketplace to refer to its own Windows Mobile applications store. In its previous filing, Microsoft argued that Apple itself has used the term generically, and that Apple’s use of the term for its online iOS and Mac applications store is a “de facto secondary meaning” of a generic term. The case is now under review by the USPTO Trademark Trial and Appeal Board, which may choose to deny Apple’s application based on Microsoft’s assertions, or allow the application process to proceed.

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Comments

1

Coming from a company that has product names like Windows, Word, Office and Outlook to name a few.

Posted by Eakster on March 1, 2011 at 1:46 PM (PDT)

2

Perfectly appropriate reply to this.
What a LOL MS is.

Posted by sb on March 1, 2011 at 7:09 PM (PDT)

3

prog store

microsoft has always had programs, apple applications. microsoft should just call it prog store and stop stealing stuff.

Posted by rick on March 2, 2011 at 6:36 AM (PDT)

4

I’m not going to rehash this again, but “app” as short for “application” has been in use since the 1980s. Just because the 3% of the population who use Macs never come out of their fruity bunkers to look around the rest of the world doesn’t mean it’s not Apple specific or centric at all.

Also, just because it’s those “villainous” MS guys filing the objection, that doesn’t mean they aren’t right.

I am betting on Apple to lose this one. It’s no more original to call your app store an app store than it is to call a flower shop a flower shop.

Posted by Code Monkey in Midstate New York on March 2, 2011 at 8:48 AM (PDT)

5

Whoops, typing too fast - correction: Just because the 3% of the population who use Macs never come out of their fruity bunkers to look around the rest of the world doesn’t make it Apple specific or centric at all.

:embarrassed:

Posted by Code Monkey in Midstate New York on March 2, 2011 at 8:51 AM (PDT)

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