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Microsoft cites Amazon Appstore in continued opposition to Apple trademark - Page 3

post #81 of 87
Quote:
Originally Posted by Hiro View Post

I'm having a little difficulty following which side of the issue you support. That last paragraph seems muddled and the tread above it didn't help much. But at least you are discussion rationally, not generically, whichever way you see the issue. and then on to...

Neither term alone is descriptive, but the combination is, and as a combination it is distinctive and trademark-able simply by being the first to file paperwork. Sure there are restrictions on how far Apple can use 'App Store', but in 2008 when the original filing was made, how many app stores (note lower casing) were there in the world? Answer: 1. That shows uniqueness of the combination, that more vendors are trying to capitalize on a mark Apple listed in 2008 and filed on, only goes to prove they were on the right track to snap it up for exclusive use.

In 2008 there were plenty of non-Apple apps that were actually called "apps". And these non-Apple "apps" were sold in non-Apple stores. One could think of these stores as app stores, app markets, app shops, app sites, app download sites, app purchase sites and other words that effectively mean app store.

Is it possible no one else rushed to be the first to file the paperwork for any of these descriptive terms because it would be a waste of money as none of these terms should ever be approved for a store that sells apps?
post #82 of 87
Quote:
In 2008 there were plenty of non-Apple apps that were actually called "apps".

Google Apps. Predated the app store by far. Title not trademarked. However they call their app store the Google Apps Marketplace; no TM symbol there either.
post #83 of 87
Quote:
Originally Posted by bwik View Post

Competitive need has got nothing to do with it. People buy apps from, implicitly, a gettin' place -- a store. The word App is generic and has been for decades. App Store is generic today regardless of what happens temporarily in the courtroom. Apple may claim powers over the term, but its claims have no legal authority over the basic English language. In turn, trademark law steers away from generic nouns. The law itself is not the basic authority here -- the language is.

Then you better hope the Court doesn't see it as an adjective (for which it is also in this context) and award that trademark usage to Apple.

Personally, I think it's petty, but I'll let the Court decide.
post #84 of 87
Quote:
Originally Posted by Jacksons View Post

In 2008 there were plenty of non-Apple apps that were actually called "apps". And these non-Apple "apps" were sold in non-Apple stores. One could think of these stores as app stores, app markets, app shops, app sites, app download sites, app purchase sites and other words that effectively mean app store.

I don't remember any of that, but that's immaterial. First to file gets the trademark. The fact you are saying "effectively mean app store" explicitly shows they weren't "App Store". That alone makes breaks the argument you are positing.

Quote:
Is it possible no one else rushed to be the first to file the paperwork for any of these descriptive terms because it would be a waste of money as none of these terms should ever be approved for a store that sells apps?

Doesn't matter. The laws are clear, and because every non-made-up word can be argued as generic in some manner the whole argument is ridiculous. Kleenex® is still a trademark! Even though EVERYONE understands and agrees 'kleenex' has become a generic term usable in anyones advertising.

The whole generic word argument is completely and utterly wrong. As in a complete restriction against registering them doesn't exist! Microsoft's lawyers and/or Ballmer, but probably both, are off the deep end in what appears to be a no hope to win, but get plenty of low cost advertising case.
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post #85 of 87
Quote:
Originally Posted by sprockkets View Post

Google Apps. Predated the app store by far. Title not trademarked. However they call their app store the Google Apps Marketplace; no TM symbol there either.

True, Google Apps Marketplace isn't TM'ed, but these others are

Google App Engine
Google Apps Connector
Google Apps Directory Sync
Google Apps Labs
Google Apps

Hell, they TM'ed "Episodic"! One word, straight from the dictionary!

http://www.google.com/permissions/guidelines.html

Lots of generic words there. Should we do away with all those too, including the word Google which we all know is simply a bastardized spelling for the name of the mathematician who termed a number on the order of 1 followed by 100 zeroes, naming it after himself?

I don't think so, but the generic term argument conveniently ignores thinking about any of these longstanding naming practices.
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post #86 of 87
Quote:
Originally Posted by Chris_CA View Post

Apple already has been given it as a trademark. Applied for in 2008 and granted by the USPTO in 2010.
In order to keep a trademark, it has to be "vigorously defended", which is one reason Apple is suing.

I should have wrote "let them keep the trademark" lol.
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post #87 of 87
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