Apple accuses Microsoft of hypocrisy in App Store trademark dispute

“Apple stepped up its language late Monday in a push to have a court ignore Microsoft’s motion to dismiss an Apple filing for an App Store trademark,” Electronista reports.

“The iPhone creator directly accused Microsoft of hypocrisy and said it was trying to use the same argument it had rejected during the original fight over the Windows name,” Electronista reports. “If Microsoft could argue that Windows was a proprietary name based on how most people used the term, it couldn’t object when more people associated the App Store name with the iOS and now the Mac, Apple explained in the filing.”

Electronista reports, “The company added that many other mobile providers have gone out of their way to avoid using a term similar to App Store in their naming schemes. Microsoft uses services such as the Windows Phone Marketplace and Zune Marketplace, while Android Market, BlackBerry App World, the Ovi Store and others were consciously worded differently.”

Read more in the full article here.

[Thanks to MacDailyNews Reader “Judge Bork” for the heads up.]

Related article:
Microsoft files objection to Apple’s ‘App Store’ trademark – January 12, 2011

39 Comments

  1. MAC gave up being relevant back in the mid 80’s. Lawsuits like this show MAC is getting desperate, grasping at straws just to stay alive in the face of a tidal wave of Windows Phone 7 success. It’s sad. When are you MAC sheep going to give up?

    1. Damn ZT, can’t you even try to be original with your trollish posts? Once upon a time I can remember you at least tried to be clever and sarcastic, now you are just clearly phoning it in. Oh, and BTW – It’s Mac not MAC. MAC is an addressing protocol that all computers, regardless of OS have.

      1. ZT was being sarcastic. Obviously it worked as he received posts like yours.

        *Translation* he spelled Mac as MAC to get a reaction – which he received from you.

        Hence, Dmitri (below) giving Zune a +1 like. As do I….

      2. The phrase that fits here is “You don’t get it”. See
        this very popular video and watch the comments below from many-many people like you that don’t get the Irony that targets Microsoft.

      1. Back 40+ years ago it was REQUIRED to put an apostrophe after a number to indicate a plural concept of that number. Thus “80’s” was the required, standard format.

        In the 80’s (aka 80s) the standard, accepted usage changed to the apostrophe being optional.

        Today, very, very few people use the apostrophe — even some texts list “80s” as the standard, but “80’s” is still grammatically accepted usage according to some of the more conservative references.

        1. Crap! An apostrophe s always and ever only was used in two places. First is the possessive case. The second is the contraction of is ( he’s happy) or has ( he’s spent all his money). There are no other uses of ‘s. There never were!

        2. You kids are wrong. Shadowself is correct. We used to use the apostrophe for groups of years not to indicate possession, but that it was groups of years:1900’s, 1920’s, 1980’s. It’s not done today though.

          We did all kinds of crazy stuff like that back in the day. You kids wouldn’t understand.

          /get off my lawn

          1. It is a contraction therefore it is the ’80s

            The apostrophe goes before the 80 as it is replacing the elided 19 of the 1980s.

            If you were writing about technology in the ’80s, for example, you would write – a study of 1980s technology.

            Hypocrite: the man who murdered both his parents… pleaded for mercy on the grounds that he was an orphan.
            – Abraham Lincoln

    2. I love that your gravatar Zune is pink. And that you’ve now got a registered trademark on your handle. Keep ’em coming.
      PS: two proper usages on an apostrophe in my post.

  2. I think Microsoft thought Apple was naming it the “Ape Store” which, as everyone knows is synonymous for their CEO….

    It was just an error of their search engine… and it has been corrected now…. maybe!

    1. You are right Tech G, Microsoft originally used the same nomenclature as Unix and called them ‘executables’ (the .EXE files). Later, when Windows came along, they started calling executable files ‘Programs’. It was Apple that called their executables by the term ‘Applications’. App is short for ‘Application’ and by extension… ‘Apple’.

  3. Windows…now that’s not a generic name. Microsoft wants in on “app store” because Apple popularized it as the place to go for a broad selection of inexpensive or free apps for iOS.

    Suck it, M$.

  4. Wow. Good one, MS. It is sad, really. The only time we hear about MS is “Microsoft is involved in a legal battle with…” or “Microsoft has created a product which will kill the ipod/iphone” and never “And the winner of the best new technology product of the year is…”

  5. Would be great to see MS lose their TM for both Windows, Office, Word, and Excel. The judge could make that argument.

    Sometimes you have to be careful what you wish for.

  6. I never heardmof “apps” until I got my iPhone, and then when I subsequently purchased my MBP. Before that it was PROGRAMS. For M$ to be making this argument to use the term App Store seems like admission that Apple has one the TERM WAR. Maybe they should call their market the “Executable File Store”

  7. Don’t be hard on Microsoft. My eyesight is getting weaker, and I have to squint like anything to read the text on those tiny little iPhones and iPads. So I’m really grateful they’ve come up with their man-sized Surface touch table. I never carry anything else now.

  8. I came across the user manual for my first Mac, a 1987 SE. Outside of common words like “of,” “and,” “the,” etc, the most frequently appearing word was “window” or “windows.” The first Macs were all about windows. Microsoft was just as unoriginal then as they are now.

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