Microsoft Battles Apple for App Store Trademark

By Douglas Perry
published

There are claims that Apple should not be able to hold the trademark rights to "App Store" since this phrase has become a generic term.

The objectio

ns have been filed by a company that owns the trademark "Windows".   

In a 27-page filing Microsoft argues that "'App' is a common generic name for the goods offered at Apple's store, as shown in dictionary definitions and by widespread use by Apple and others" and that 'Store' is generic for the 'retail store services' for which Apple seeks registration." Since the App Store is in fact a store, the complaint is well-founded, Microsoft said. We have no idea what the final decision on this matter will be and it may all depend on the weather and the mood of a judge to be victorious in this battle.

However, since we know that you can patent virtual everything in this country, and companies have become so bold that they are even trying to patent the essential idea of holding a patent we would not be too surprised if Apple in fact could get the trademark confirmed. It almost sounds silly if a company claims that a certain claim in a trademark or patent is generic. Was it Microsoft that patented the OS shutdown last year?  

Douglas Perry
39 Comments Comment from the forums
  • JasonAkkerman
    Patents and Trademarks are very important, no doubt.

    It's the freaking lawyers that do this crap.
    Reply
  • tburns1
    Doesn't Microsoft trademark "Windows"?

    I look outside every day.
    Reply
  • Parrdacc
    anyone else basically about to "OD" on all these lawsuits? Just reading this made my head hurt.
    Reply
  • Camikazi
    tburns1Doesn't Microsoft trademark "Windows"?I look outside every day.Windows is not a generic term for an Operating System, App Store is about as generic as you can get when referring to a store that sells apps...

    When you say Windows when talking about computers you are talking about the Microsoft product, when you say App Store when talking about computers it could mean Amazon App Store, Apple App Store, Google Market, Cydia, or any of the many other stores that sells apps, that is the difference.

    Apple is trying to trademark a highly generic term to stop other companies from using the same generic and widely used term. If Microsoft were to try to trademark "Operating System" then you would have the same situation happening.
    Reply
  • LuckyDucky7
    @Camikazi "Shutdown" is about as generic as you can get, too.
    Reply
  • tical2399
    Considering app is just short for application and many people in tech circles have been calling software programs apps for years the term shouldn't be trade marked.
    Reply
  • Camikazi
    LuckyDucky7@Camikazi "Shutdown" is about as generic as you can get, too.Not what we are talking about and that one would be about as bad to trademark as app store although not as bad since they can make a distinction between Shut-down and shutdown to trademark one.
    Reply
  • injected_metal
    @LuckyDucky7
    Microsoft didn't get a trademark on the term "Shut Down" they patented a process of how an OS should respond to a command to shut down. A list of steps breaking down the operation of a piece of software isn't as generic as commonly used words.
    Reply
  • thedreadfather
    The objections have been filed by a company that owns the trademark "Windows"
    No, they absolutely do not. Microsoft has a trademark on "Microsoft Windows," completely different from just "windows".

    Way to take a completely unnecessary snipe at Microsoft there.
    Reply
  • zubikov
    CamikaziWindows is not a generic term for an Operating System, App Store is about as generic as you can get when referring to a store that sells apps...
    Windows - A resource manager using windows
    App Store - A store that sells apps

    This whole concept is very very subjective. You can make a good argument, so can I. Same goes for the Apple v MSFT lawyers.

    The more important point here is to recognize how hypocritical MSFT is acting. It's also disgusting to watch when MSFT blatantly copies the hottest competitor in every segment of every market. It's like watching a rich kid w/ no friends trying to fit in while being hated by everyone.

    I'm not saying I hate their products; some of their stuff is great. I just hate their complacent management with no passion or desire to push forward. Instead of inventing a new concept that supercedes the "App Store", their management chooses to sue. That is the new face of Microsoft.
    Reply