“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.