Microsoft objects to Apple's "App Store" trademark application - Page 4

So?

I've been objecting to Microsoft's trademarks for decades!

No they can't. The rule isn't just whether it's the exact same word. The rule is whether it can cause customer confusion. That's why companies in completely different industries can each have trademarks of the same term....no customer confusion.

I actually agree with Microsoft on this one. It is too generic a term. Whether Windows is also too generic a term is besides the point. However, where Microsoft is stupid is that it wouldn't be a big deal to call their store something other than App Store. They can call it the Windows Solution Store or something like that.

Though on this topic they are a bunch of hypocrites, I gotta agree with them. I'm actually really shocked Apple would even trademark such a generic name as it doesn't clearly come across as Apple only. Maybe if they called it "apple app store" or "Mac app store" or something more recognizable as being their service.

I never heard the phrase "app store" until Apple debuted it on the iPhone. App is short for application. iPhones apps are small applications.

To say Apple has referred to other companies coming out with their own app stores is like saying they coming out with their own iPods or iPhones. They are copies and rip-offs of original apple products.

I have to side with apple on this one.

Right, and if successful it would only cover a usage specific to online software retailing. They could not prevent anyone from using it in connection with selling, say, home appliances.

I thought App was short for Apple.
Maybe Microsoft can make there own and call it the Mic Store.

If you're naming your diner that is furnished with wooden chairs, yes.

If you're naming a business that sells wooden chairs, yes.

If you're naming a product that happens to be a chair made of wood, no.

Microsoft should use a little irony and have a "Win Store".

There's an app for that!

More like Apple tried to trademark "moped", IMO.

And what if you are naming a store that happens to sell apps?

MS's devastating drop in market cap since the Ballmer reign is a few dollars short I'd say!

How about ... "Install this and something else will stop working Store"

Windows Mobile 7 Store 2011: App Edition

Like SongSmith should have been Microsoft Band 2009: Garage Edition.

I have to disagree. App Store is too generic. Mac App Store, iOS App Store would be fine, and specific

I suspect said office could side against Apple on this one.

you got me on that one. very true!

the best line i have heard was "the day microsoft makes products that don't suck is when they start making vacuum cleaners'....ha

"When a true genius appears in this world you may know him by this sign, that the dunces are all in confederacy against him."

-- Jonathan Swift

I already shorted Microsoft. They'll be treading water @ $25 by April.

Heh. As an american my personal favorite from the UK is the use of the name "Tannoy" as a generic term for a public paging system. "Mr. Smith? Just a moment, let me tannoy him." Had me rolling on the floor the first time I heard that.

But many company names become generic, such as "make a xerox of that letter," "fedex that package right away," etc. Language is fun.

In other news, Microsoft has applied for a trademark on the letter "e". This follows closely on the heels of their failed attempt to trademark the letter "a" two years ago. If this application is approved, everyone who uses the letter 'e" in any corporate name, correspondence, research, and conversation will have to pay licensing fees to Microsoft. This would include hardware licensing of keyboards that continue to be sold with the "e" key. A trade group is investigating the possible workaround of using double i "ii" as a phonetic substitute but Nintendo is said to be blocking infringement on its "Wii" trademark.

Several companies will go out of their way to make sure nobody uses their name as a generic term to varying degrees of success.

You will never hear any of the employees refer to their brand name as a general catchall (at least not officially).

A Kleenex is not a kleenex - it's a facial tissue.
A Xerox machine does not xerox things. It copies them.
Coca-Cola is not a Coke. It's a soft drink.
Band-Aids are not band-aids. They are adhesive bandages.

But some don't succeed... Aspirin, for example.

I'm most amused by Heroin. It was trademarked at one time.

I hate to rain on your effort at levity, but in fact a letter can be trademarked, if only for a limited purpose. Just try to start your own magazine called "O" if you think I'm making this up. Guess who's lawyers will be in your face in a New York minute?

This is the sound a wooly mammoth makes as it rolls over to die in the frozen tundra.

Rain, rain, go away...

Seriously, I certainly didn't think of that aspect. Maybe if it was Ö? Nah, probably not.

And what if your naming a store that happens to sell products made by Apple?

crux of the matter is that you want a name for your business that is unique. If you want to name your store "The Shoe Store" or "The Toy Store" or "The (whatever product you're selling) Store" you can. The problem is that if you're selling a product that's been around for a long time, there are already hundreds if not thousands of stores that are already using that product name in their store name. Therefore it will not be unique. Your store name will get lost whenever some say "I'm going to "The Toy Store". Or I bought this at "The Shoe Store". Plus all those other stores that are using the product name in their store name can protest because it might confuse the consumers.

However, if you are the first or one of the best known of a few stores to sell the product your selling, then being the first to naming it "The (whatever you call it) Store" has it's benefits. Now when some say I bought this at "The (Whatever) Store" everyone will assume they bought it from you.

When you're naming a product, being too generic will prevent you from getting the trademark. However, when naming your business, it's the businesses that already exist that will most likely prevent you from getting the trademark. Specially if there's any chance of the consumers confusing your business name with theirs.

Apple Records did not sue Apple Computer because "Apple" was too generic. They sued because there was a chance that consumers might confuse the two businesses because of their similar name. If Microsoft or any other company already had a trademarked name that used the term "app", then they would have a strong case that might prevent the trademark of "The App Store". But just because they think the word "app" is too generic will not stop the trademark when it's part of a business name.

Did anyone sued to stop "The Apple Store" from getting trademarked? "Apple" is a generic word if you never heard of "Apple, Inc". There might be confused consumers out there that think they can buy apples at "The Apple Store".

is that sarcasm or are you an idiot ?
If the former, then I missed it, if the later, I will send the van around so the guys in white can make you all nice and cozy with a special jacket that has really long sleeves.

It is certainly the case for Flash and MS Office. I'm not sure about the rest of the Adobe Suite.

Safari is better on OSX and iTunes is shocking on Windows (it's currently running 7 separate processes and sucking up a combined 410MB RAM) so those two go back the other way.

I'm sure you could make a list of major software suites and their capabilities on Windows/OSX to verify/disprove his statement as opposed to getting him taken away to a mental institution!

Slogan: "Windows Solution Store (WSS)...for wusses"


Xerox actually spends a good bit of money trying to prevent that. Much like Coca Cola going after restaurants for using 'coke' as a generic term.

Ah... no. Not at all.

The only thing you achieved was to make yourself look like an arrogant twat. Congratulations...?

It's true for μTorrent. Other than that, I've not come across Windows software better than an Apple alternative.

Why Microsoft will lose.

"App Store" iOS application released July 11, 2008
"App Store" Mac OSX software released January 6, 2011

Apple doesn't only hold the trademark on the name of a software repository.

The menu at a local mexican joint has a section header for the appetizer list: "App Store".

Next lawsuit in the pipe:
Apple V. Mad Mex (Big Burrito Restaurant Group)