Microsoft Takes Issue with Apple's Proposed 'App Store' Trademark
Microsoft Takes Issue with Apple's Proposed 'App Store' Trademark
Posted 01/12/2011 at 8:22am
| by Paul Lilly
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Credit Apple for popularizing the concept of an "app store" as a viable business model, but should the Cupertino company be granted a trademark for the term? Not as far as Microsoft is concerned.
Microsoft this week filed a motion opposing Apple's application to trademark "app store," which Apple describes as a retail store offering "services featuring computer software provided via the Internet and other computer and electronic communication networks." According to Microsoft, the term is just too generic.
"Microsoft opposes Apple's application on the grounds that 'app store' is generic for retail store services featuring apps and unregistrable for ancillary services such as searching for and downloading apps from such stores," Microsoft said.
To prove its point, Microsoft quoted Apple CEO Steve Jobs in a recent interview using the term in reference to Android-based app stores popping up online.
"In addition to Google's own app marketplace, Amazon, Verizon, and Vodafone have all announced that they are creating their own app stores for Android," Jobs said. "There will be at least four app stores on Android which customers much search through to find the app they want and developers will need to work to distribute their apps and get paid."
Microsoft bolded the references for emphasis, claiming the quote as "undisputed evidence confirm[ing] that 'app store' is generic."
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mesiah
January 13, 2011 at 12:12am
It doesn't matter who is fighting fighting apple. What matters is whether it should get a trademark. Supporting an argument against this by using examples like Microsoft office and internet explorer are ridiculous. Is Microsoft's program an actual office? No, it is business software. If they tried to trademark the term Business Software that would be different. They also didn't trademark "Web Browser." They trade marked "Internet Explorer"
This is the equivalent of someone trying to trademark the term "Super Market," "Convenient Store," or "Auto Dealership." Its more of apples ridiculous garbage to try and strong arm the rest of the world out of their business in any way shape or form. As soon as they got this trademark they would turn their guns on anyone who even thinks about mentioning the word app, just like they do with anyone attempting to use the word "pod."
tkid124
January 12, 2011 at 9:14pm
Should we look at who is crying foul or what they are crying foul about?
Unlike copyrights which rarely get lost because of non-protection, trademarks can. Apple didn't protect or try to protect "their" name. Had they I might be more on their side. I don't know who came up with it, nor do I care.
Would I let someone trademark "Application Store?" No way, so I am hesitant to let them shorten it to "App Store" because I used the term app long before the first iPhone was on the market.
Office and Windows are questionable because they are only one word, and one of them (office) is not very far from describing the product, office applications. While windows is a term at least now used to describe boxes within an OS.
Internet Explore is by far better, while it does only describe what the product does, it is a bit creative, and we don't call them internet explorers or internet explorer applications, or internet anything, we call them web browsers.
ShyLinuxGuy
January 12, 2011 at 12:19pm
Oh, give me a break!
"App Store" really has no origin, although Apple uses it most often. It's thrown around loosely. App Store is generic, and not creative and original, such as "Garage Band" or "Bing".
Microsoft is right this time and gets this one.
warlok180
January 12, 2011 at 12:19pm
This coming from the company that patented WORD and OFFICE and INTERNET EXPLORER???
Agree...Apple got this whole App thing going so let them have it. Just come up with your own fancy name...like Office Applications
Emgtek
January 12, 2011 at 12:55pm
M$ needs to look long and hard in the mirror before they start crying foul. Good examples, Word and IE.
Lots of Technology crybabies nowadays.
Emgtek
January 12, 2011 at 11:34am
In all fairness apple did start the whole ''App'' verbage. Microsoft was calling there stuff Marketplace so let them have it.
Don't be mad that they came up with a biz model that caught on.
I mean cmon people.
bling581
January 12, 2011 at 10:44am
I agree it's ridiculous to try and trade mark something so generic. If it goes through what will everyone else call their "app store"? Program store? Application store? What if those become trade marks? It just becomes too crazy. The whole trademark/patent/company lawsuit scene is insane these days.
Caboose
January 12, 2011 at 11:25am
Direct2Drive, Adobe App Store, literally ANY online retail where you can purchase a digital copy of software could be considered an App Store.
I hope that Apple's request is rejected (Just like Microsoft's request to trademark or patint or w/e the name Windows was rejected because it is a generic term)
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