“Microsoft is asking the U.S. Patent and Trademark Office to deny Apple a trademark on the name ‘App Store,’ saying the term is generic and competitors should be able to use it,” Stephen Lawson reports for IDG News.
“Apple applied for the trademark in 2008 for goods and services including ‘retail store services featuring computer software provided via the internet and other computer and electronic communication networks’ and other related offerings,” Lawson reports. “Apple launched its App Store for the iPhone that year along with its iPhone 3G. The store is now available on any device that runs the company’s iOS software, namely the iPod Touch and iPad, and Apple introduced its Mac App Store earlier this month.”
Lawson reports, “On Tuesday, Microsoft filed a motion for summary judgment with the agency’s Trademark Trial and Appeal Board, asking it to deny the trademark to Apple… Microsoft also said consumers and the trade and general media use “app store” generically to mean online stores where applications are sold.”
MacDailyNews Take: They also use “iPod” to refer to just about any portable media player. “iPod” is a registered trademark of Apple Inc. Next argument.
Lawson reports, “Apple’s online store represented a new idea for mobile software shopping when it was launched and quickly became a big success, emulated by many other handset makers and some mobile operators.”
Full article here.
MacDailyNews Take: Microsoft. Fixated on a rivet while being run over by a freight train’s caboose.
probably people should trademark ‘grocery store’ or ‘book store’
Balmer coined the term “Ape store” ages ago, Apple just replaced the letter “e” with “p” and actually used it to sell software.
Bad Apple!
Microsoft has become IBM from the 80’s
MSFT shareholders should the M. Ballmer to stop using their money in stupid lawsuits and come up with some new tech gismo before Mr. Jobs do again ( fat chance that will happen)!
Aren’t Apps known as Programs on Windows?
For as long as I can remember, Apps are for Apples, Programs are for Windows.
But then I suppose ‘Program Store’ doesn’t quite have the same ring to it.
I don’t recall Window users ever referring to their programs on PC’s as apps.
In fact if I ever said app to a Window User they would give me the Ballmer Look….. scary, I know!
There are many words that are used as generic terms. Band-Aid, Frisbee, Rollerblades, Velcro, Levis, etc. MS just needs to let this go. Call your “app store” something else and people will still refer to it as an app store.
@killbill Thanks. I just spit out my coffee.
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And, the MDN take is spot on.
In this case Microsoft is correct ” App store ” is a generic term and to MDN iPod is not used as a reference to generic music devices but only to Apple devices so if you are going to make an argument choose a better example. If you know any type of legal jargon you know you can’t trademark or copyright generic widely used words like a poster said in the first post you can’t trademark “Bookstore” and or “Grocery Store”.
Dear Microsoft:
Fantastic idea! We’re all behind you, please lead the way to enlightenment, by immediately putting a stop to as well as dropping any trademark holdings on all the generic everyday words you currently employ/misuse beginning with:
Windows, Word, Entourage, ‘Internet’ ‘Explorer’, ‘Windows Explorer’, Outlook, Start, Trash Can, Kin etc.
Did you know, you are the company responsible for unleashing the word ‘scalable’ unto the world? Like the world is craving for more tech jargon, surely you can once again start pumping out great words like Zune etc into our collective unconscious.
Yours sincerely…
why does this dipstick have to file a complaint, why not just call his idiotic store wp7 store or ballmer store.
google went with marketplace (shite i know but its still different, that actually made me puke agreeing with that stealing company)
on another note why is apple allowing samsung to blantenly copy the iphone i state this because out of all the copy cats HTC in particular the galaxy S is exactly similar as the iphone (except that is exactly shite in performance and design)
The term “App” was only recently popularized by Apple. MSFT just wants legal permission to copy because they don’t own a Thesaurus.
Sorry Jacob, there was no App Store before the Apple App Store. It is not a generic term. App is not even a word.
@Jacob626
As was pointed out by Jamie, until the release of apps and the app store for the iPhone what did Windows users call apps?
Programs.
Windows = Programs
Mac = Applications (or Apps)
It has been this way since the beginning. So while you can have a grocery store that sells generic products that are ubiquitous you can’t have an App Store that sells programs, and app store sells “apps” and that means iOS or Mac.
I am not a legal expert but recalling on my legal classes back in the university, Microsoft does have a case – App Store is a too generic. Generally it is very difficult, if not impossible to get a trademarks for “common phrase”. This is not to justify Microsoft in any way. Their lack of originality is just stunning –not only they (and Google, Palm, etc) copied Apple App store concept but it looks like now they even want to copy name as well.
That’s because Microsoft want to do the same thing.
Microsoft=Copycat
@Jacob626
I hear people constantly refer to their non Apple branded mp3 player as an iPod… So your pathetic argument doesn’t hold up, go shine Balmers head you idiot
Isn’t “Windows” a generic name? I remember back in the 90s that when Apple complains for Microsoft trying to trademark “Windows”, the Patent and Trademark Office decides it was legal to do so.
“Windows” is a more generic name than “App Store”.
I rest my case.
No worries about the App Store trademark being occupied by Apple. Microsoft will just call its Windows Phone 7 store the AppLack Store.
Another brilliant piece of forward thinking hatched by the genius of Redmond.
Name one reference to the name “App Store” in print or media before Apple coined the phrase? I think Microsoft is trying to make a case that the term is used generically like RADAR, RADIO, Kleenex, etc but what’s stupid is Apple came up with it and “then” it became common.
Completely farcical…so it’s OK to patent “Windows” or “Word” or “Office” but not “App Store”.
Did people use the term “windows” when discussing any non-Microsoft computer systems before they trademarked the term? You bet they did! Now, did anyone use “App Store” before Apple did? I think not.
M$ is wrong and will lose here but that won’t stop them from desperately trying to grab the lid as they circle the bowl…
WTF? Microsoft is suing?
What, copying everything Apple does isn’t good enough for them anymore?
Ballmer must be slipping.
@DWY Kleenex was a brand name LONG before it became a generic term.
Apple created the term, hence they have the right to trademark it. M$ go f$$$ yourself.
Why doesn’t Balmer call his new stores “across from Apple crap store”
How about Windows, Word, Office, Project, Money, etc. for generic words that shouldn’t be trademarked.
Apple is generic.
Windows is generic
it does not matter. What matter is the idea or the concept behind it. Apple Macintosh was really generic, but hey this Apple Macintosh does not refer to the actual apple macintosh. It’s another thing.
I think I can live with people lacking of originality, but msft is beyond that in this case. They don’t value originality either… that is beyond me.
I never heard of an “application” much less and “app” before switching to Apple. Software was always PROGRAMS. However, I do remember seeing an article or video about Microsoft’s CES keynote where the term APP was used.
BTW, All kinds of stores claim to have the best buy, but only BEST BUY has the trademark.
Program Parlor, Programs Pithole not good enough for MSFT?
The term “app” was NEVER in popular use before Apple. It was always program, or application, or software. “App” is associated with Apple because it’s, well, cooler than the other references.
To use the Kleenix or Xerox analogs, those ARE registered trademarks, though popular usage allows one to refer to Puffs as Kleenix, while Canons and Brothers are deemed “Xerox machines”. People may refer to Microsoft’s store as they wish – I think Crap Store has a nice ring to it – but “App Store” is clearly an Apple innovation.
If Apple can have an Mac ‘App Store’, why can’t Microsoft have a Windows ‘Dohs! Store’?
/yeah I know it’s a reach.
@Alex
“I am not a legal expert…”
Nuff said.
Windows – is not a word used as a “common phrase” in the english language?
Word – is not a word (duh) used as a “common phrase” in the english language?
Does anyone have a trademark on the phrase, “There’s an app for that.”?
@bezoar
Apple has that locked down and sewn up as of 2010.
Ballmer shouldn’t complain.
He can simply make a new name such as: Crapp Store and trademark that.
All you have to do is read the story of how Microsoft came to hold the trademark for “Internet Explorer” to realize the level of seething hypocrisy this is.
In short someone else had named a browser Internet Explorer and they argued up and down that it was too generic to trademark, but the moment they won the court battle, they trademarked it. Don’t have a link to the story, all I remember was what a raging bunch of hypocrites they were over the whole thing.
A caboose? Now that’s old fashioned!!!
RicMac – I don’t think Windows, Word, Office, Project, etc are trademarked. What is trademarked is the full name, i think, – i.e., “Microsoft Windows”, “Microsoft Word”, etc. Can someone confirm that it is true?
Microsnot never used the word “app” this is a Apple thing. It’s not a common word, hell it isn’t even a real word.
Microsoft is just trying to steal Apple’s IP just as they have done for the past 30 odd years.
This meme needs to go viral to show the general public what thieves Microsoft are.
i’m on Microsoft’s side with this one. “App Store” is indeed too generic.
Then Microsoft needs to cease using “Office” since “the term is generic and competitors should be able to use it.”
Poor Microsoft!! Ballmer just wants to follow. Apple shouldn’t patent everything. It makes everyone run on a different path. It just isn’t fair
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People who live in glass houses shouldn’t throw chairs!
@ Alex
You might be right. Good point.
Here’s an idea.
Apple=App Store
Microsoft=Prog Store
Everyone is happy.
Windows, Apple, Blackberry, were all generic terms for common items. Finding any of these original items in a Web search since these companies appropriated the names as “trademarks” has become far more difficult. App on the other hand, is unique and was not “generic” before Apple used it. Where is the truth in the Microsoft argument? The truth is, Microsoft spends a lot more money shinning boots in Washington than Apple – so they may win this, even without a legit argument.
I hate to say it, but I’m with Microsoft on this one. It IS too generic.
What’s interesting is that Microsoft is one leading the objection. The company that is known for copying everything Apple does.
The difference is likely to be whether a term is written lower-case vs upper case.
An app store is generic.
An App Store is Apple’s trademarked name for its application storefront.
@The Other Steve
What is generic about a made up (app) word used with store to describe a new concept?
Dear Ballmer, have you noticed that you copy things and steal things anyway? Just “innovate” some more and call your store ehh,…an App Store!
Windows Program Store – Windows Update Store – Windows Business Store – Windows Office Store – Windows 2020 Special Sale Ultimate Edition Store…
Yeah, I’m sure Balmer would be fine if Apple had decided to call iWork “Office”. Yeah right.
@ Ballmer’s Left Nut
“No worries about the App Store trademark being occupied by Apple. Microsoft will just call its Windows Phone 7 store the AppLack Store.”
Yeah, and they could “borrow” that CGI’d goose from AFLAC and have it say, “AppLack”. Hah!
If Microsoft tries to trademark “Dedicated to developing creative, original, innovations in technology to make your computing life easier™”, I’m suing.
I’m joking, MS
” width=”19″ height=”19″ alt=”wink” style=”border:0;” /> … f*ck off.
Maybe they could shorten
Program Application store to:
“Pap store”. Pap meaning:
1. Soft or semiliquid food, as for infants.
2. Material lacking real value or substance: TV shows that offer nothing but pap.
3. Slang Money and favors obtained as political patronage
be about on the money with either of these meanings…
Apple files for a trademark in 2008 … now that it is 2011 and Apple is being successful, Microsoft finally submits a protest?
IMO, MS is 2+ years too late in complaining, which kills their credibility and basis.
So too does this webpage:
<http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/Usage/Windows.aspx>
-hh
Now if Apple just called it the AAPL store . . .
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MS is correct here. App is a generic term, an abbreviation of a real word. I’m getting fed up of reading about patents and trademarks that should simply NOT be allowed, and this is one of them. This is a fact not an opinion.
Ballmer can say and do as he wants but we all know that Microsoft is quickly becoming an ‘Irrelevancy’.
A Slap Store is full of MS-quality software products that were conceived by the brainwaves inside Ballmer T Clown’s head.
@ivid: App is not a generic term. App is a neologism COINED BY APPLE to represent in general applications made for its handheld devices.
And windows is not generic???
Apple is slowly becoming the next Nazi Empire of the technology world. With Apple PR (Gestapo) and the Apple Legal Dept. (SS), nothing can stop them.
All hail your new Fuhrer: Steve Jobs
HEIL JOBS!!! HEIL JOBS!!! HEIL JOBS!!!
<Sniff>…..makes me so proud.
Nope. The next Nazi Empire of the technology world is unmistakably Google, or at least they will be once Microsoft finishes dying in a few years.
Speaking of Microsoft, they’ve got no case here. The phrase “app store” didn’t even exist until Apple coined it specifically to refer to the… Umm… App Store. It’s unique in and of itself, and even if people might use it generically, that hardly invalidates the trademark. See Xerox and Kleenex for example, those bastard Nazi Empires of the printing and tissue worlds.
Microsoft, the maker of that OS with the trademarked name of “Windows”, is complaining?
Well, aren’t applications on Windows actually called programs? Isn’t there a My Programs or Program Files Folder in Windows? Why don’t the just open a Pro Store? Because no one would know what it was that’s why. Sucks to ride coattails doesn’t it Microsoft?
MS is going to lose this one.
I switched to Mac 2-3 years ago.
MS crapware has always been called programs or simply software. it has never been referred to as an app.
just opening up a drawer here… old Win98 manual. hmm… Ch3, page 43. “Working with PROGRAMS”
opening up my win7 upgrade disk, open the little booklet. right under the serial number example… it tells me i should turn off my antivirus PROGRAM (funny how they assume that you have one…)
I’m sure i could dig up my manual for my G4 mac mini, or my G5 dual powerMac here and find Applications.
Screw it… Ch2 page 22.
http://manuals.info.apple.com/en/Power_Mac_G5_Late_2005.pdf
and dont start the “its application programs” argument…
http://en.wikipedia.org/wiki/Application_software
its application software, the term application program is a combination of terms from well… idiots.
MS has their “Marketplace” which is wrongly named… but its MS.
they are just Grasping for a bone. and they wont get it. If they do win…. Apple will just destroy MS with all the patent infringements. Tie MS up in Court for years. while Apple moves on, and MS has to go back to the Copy/Paste room.
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