“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.
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.