Microsoft says Apple's "App Store" trademark too generic to exist

Microsoft logoMicrosoft is fighting Apple's efforts to trademark the term "App Store," claiming that it is too generic and so should be available to competitors. Apple applied for the trademark in 2008, wanting to protect the phrase when used to describe any "retail store services featuring computer software provided via the internet and other computer and electronic communication networks."

In its filing, reproduced by the TechFlash Podcast, Microsoft asks the Trademark Trial and Appeal Board to issue a summary judgement denying Apple's trademark application. The company argues that "app" is a generic term for an application, and "store" a generic term for a retail store. Microsoft also points out that Apple CEO Steve Jobs himself has used the term "app store" in a generic sense: he is quoted as saying "Amazon, Verizon, and Vodafone have all announced that they are creating their own app stores for Android."

The company also says that "app store" is widely used in a generic sense by both media and consumers alike. As trademarks cannot be used to protect generic terms, Microsoft believes that this widespread generic usage should be grounds for rejecting the trademark application. If it is rejected, any company will be able to use the term "app store" to describe its stores and services.

Though Microsoft does not call its own "app store" an "app store"—it's named Marketplace—a successful appeal against the trademark will enable the company to describe Marketplace as an app store, rather than the current more cumbersome "virtual store for apps." Marketplace is continuing to show strong growth, today hitting 6,000 apps, taking it past the number of programs in the webOS store.

Source: Ars Technica

Tags: Apple, Microsoft

Comments
Add comment

Your name:
Sign in with:
or
Your comment:


Enter code:

E-mail (not required)
E-mail will not be disclosed to the third party


Last news

 
Consumer group recommends iPhone 8 over anniversary model
 
LTE connections wherever you go and instant waking should come to regular PCs, too
 
That fiction is slowly becoming a reality
 
The Snapdragon 845 octa-core SoC includes the Snapdragon X20 LTE modem
 
Human moderators can help make YouTube a safer place for everyone
 
Google says Progressive Web Apps are the future of app-like webpages
 
All 2018 models to sport the 'notch'
 
The biggest exchange in South Korea, where the BTC/KRW pair is at $14,700 now
The Samsung Galaxy A5 (2017) Review
The evolution of the successful smartphone, now with a waterproof body and USB Type-C
February 7, 2017 /
Samsung Galaxy TabPro S - a tablet with the Windows-keyboard
The first Windows-tablet with the 12-inch display Super AMOLED
June 7, 2016 /
Keyboards for iOS
Ten iOS keyboards review
July 18, 2015 /
Samsung E1200 Mobile Phone Review
A cheap phone with a good screen
March 8, 2015 / 4
Creative Sound Blaster Z sound card review
Good sound for those who are not satisfied with the onboard solution
September 25, 2014 / 2
Samsung Galaxy Gear: Smartwatch at High Price
The first smartwatch from Samsung - almost a smartphone with a small body
December 19, 2013 /
 
 

News Archive

 
 
SuMoTuWeThFrSa
     12
3456789
10111213141516
17181920212223
24252627282930
31      




Poll

Do you use microSD card with your phone?
or leave your own version in comments (4)