Comments on: Uh oh, Microsoft: U.S. grants Apple trademark on design of its retail stores

By: MacRaven

MacRaven — Wed, 30 Jan 2013 15:22:35 +0000

What good is a trademark or anything else? Patents? Nothing matters, the judges will rule to give it all away. Level that playing field, give everyone a trophy. They all deserve to share Apple’s genius according to the Courts.

By: opsono

opsono — Wed, 30 Jan 2013 13:17:51 +0000

The art, yes, the art, of enticing people into a retail space is complex and demanding, and constantly in flux. Apple succeeded with a readily transposable model that does indeed work rather well, irrespective of the quality of the products therein, getting people inside. There is little question that displays/arrangements/facades/environments of this sort are trademarkable- there is a long legal history of such trademarks.

By: opsono

opsono — Wed, 30 Jan 2013 13:13:00 +0000

Wow. How much did Microsoft pay those people to get into that store?

By: opsono

opsono — Wed, 30 Jan 2013 13:07:43 +0000

See, the problem is, hardly anyone would _confuse_ the Microsoft Store with the Apple Store, because we all just know that Microsoft simply copies just about everything Apple does. We would have been very confused if Microsoft had actually done something new and unique.

By: Sean

Sean — Wed, 30 Jan 2013 08:50:01 +0000

I don’t believe you can have a trademark on a store design. Apples store design is a rip off of your typical art gallery. (pretty much a white empty space with plenty of natural light and only having the bear essentials for utilities) Their stores are like art spaces, somewhere it is pleasant to be – the macs and iStuff just sit there like art. And as with every great gallery, what brings the people is the art works. I love it, but it shouldn’t be trademarked.

By: MacFreek

MacFreek — Wed, 30 Jan 2013 05:00:46 +0000

Apple needs to be concerned with making excellent products rather than worry about MS’s furniture arrangements.

By: Old Tech

Old Tech — Wed, 30 Jan 2013 02:05:40 +0000

The store In the photo is the Scottsdale Arizona store. If you visit the store you will find it is significantly different in many aspects from the design and layout of the local Apple Stores. By the way, the photo is somewhat out of date. Microsoft has changed the layout two or three times since then.

Even with the changes Apple has the historic opportunity to finish Microsoft off. 2013 need to be the year of software!

By: Steve81

Steve81 — Wed, 30 Jan 2013 01:54:50 +0000

troy – Not “read by,” but “written by” Microsoft, Google, Samsung …

By: Michael K.

Michael K. — Wed, 30 Jan 2013 01:43:08 +0000

I thought the photo was an Apple store until I noticed all the junk windows products on the tables and the lack of people. Apple I think would win if or should I say when they sue MicroSoft. Why can’t these other companies spend some money and come up with something original?

By: Jones

Jones — Wed, 30 Jan 2013 01:40:37 +0000

A trademark is different from a patent (or a copyright for that matter, which is different than either of the other two as well). They are two different laws. Not going to explain all of the rules, google it if you’d like to know more, but a trademark is infinitely simpler to defend than a patent.

By: e

Wed, 30 Jan 2013 01:16:26 +0000

there are many woolworths in mexico…. even a woolworths cafe near the hotel i stayed at…..

By: riwaterman

riwaterman — Wed, 30 Jan 2013 00:53:41 +0000

Yes, Woolworth’s can sue Apple. Anyone can sue anyone. To win a lawsuit is something different entirely.

Woolworth, however, would be hard pressed to sue anyone since they ceased to exist in 1996, unless you consider FootLocker to be the heir apparent to Woolworth. Even in that case, it is not about marketing and selling products in the open but about how it is done, i.e. the look and feel. Perhaps if Wendy’s decided to use the Golden Arches and produce a chicken in building with a red and white theme with a old white bearded man talking about his special spices, a couple of other companies might not be too happy and sue Wendy’s and successfully too.

By: Jeff II

Jeff II — Wed, 30 Jan 2013 00:50:35 +0000

You know, I saw that inset photo out of the corner of my eyes while reading the article and thought it was an illustration of an Apple store. Those blue screens so resembled some Mac desktops I’ve seen.

Then you brought me back to a hard reality – that’s and MS store with, as you note, BSODs all over.

By: riwaterman

riwaterman — Wed, 30 Jan 2013 00:46:47 +0000

not a patent a TRADEMARK.

much different.

By: First things first ...

First things first ... — Wed, 30 Jan 2013 00:40:46 +0000

… you send a nice, polite, message to anyone you deem as transgressing on your Trade Dress, asking that they Cease and Desist. Next day, ask if they got your message. Day after, ask for a copy of their plan to respond. THEN you sue their butts off.

By: GM

GM — Wed, 30 Jan 2013 00:35:31 +0000

I’m glad to see Apple, like any company, try to patent it’s designs and innovation efforts. And I realize that Microsoft may be copying the store layout. But it does seem a bit silly to try to patent that. It’s the Apple product that everyone wants not the store layout. But hey, if they can get by with it so be it.

By: Mugwump

Mugwump — Wed, 30 Jan 2013 00:20:00 +0000

Seems silly to trademark these things until your direct competitor replicates it.

By: Jubei

Jubei — Tue, 29 Jan 2013 23:57:07 +0000

So far all these fancy patents seems to not help Apple vs Samsucks, Goople and all these other copy cats.

By: MEES

MEES — Tue, 29 Jan 2013 23:47:55 +0000

Sounds ridiculous to patent a store design but because of the copycats, it is necessary.

By: bill

bill — Tue, 29 Jan 2013 23:44:47 +0000

wait so woolworths can sue Apple then? Put Products on table for customers to see and use, hmm, doubt that’s trademarkable or patentable. rather stupid actually.

By: Wun Dum Gai

Wun Dum Gai — Tue, 29 Jan 2013 23:28:25 +0000

. . . but the Microsquid store is different as it has “blue-screen-of-death” screens plastered on all walls!

By: DeRS

DeRS — Tue, 29 Jan 2013 23:24:22 +0000

Apple has to sue MS over this.

By: DeRS

DeRS — Tue, 29 Jan 2013 23:22:50 +0000

Shockingly different, indeed:

Apple’s store:
http://www.patentlyapple.com/.a/6a0120a5580826970c017c36379c09970b-pi

Microsoft store:
http://img2.store.microsoft.com/prod/clustera/framework/locations/img/dashboard/hero/image01.jpg

By: troy

troy — Tue, 29 Jan 2013 23:18:28 +0000

‘The Knockoff Economy.’ Must be a book read by Microsoft, Google, Samsung, etc.