• This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn more.

Microsoft vs. Apple

tickedon

Active member
#1
I'm not sure what the correct reaction is to Microsoft's latest legal argument in a dispute with Apple over a trademark application for 'App Store'...

Microsoft also complained that Apple's filing was too long. "Apple's response brief is 31 pages, including the table of contents and table of authorities, and on information and belief, is printed in less than 11 point font," reads Microsoft's Motion to Strike.

"Under the rules," Microsoft continues, "Apple's brief cannot exceed 25 pages in its entirety, including the table of contents and table of authorities, and must be printed in at least 11 point font."
http://www.theregister.co.uk/2011/03/09/microsoft_claims_apple_font_too_small/

(personally, I laughed!)

If the opportunity arose, I'm not sure what I'd think if XenForo submitted a similar "technical" defence... I guess given IB's actions, it would only be fair!
 
F

Floris

Guest
#2
Is this the same Microsoft that got a trademark for a SINGLE generic word "Windows" ? ... exactly.
 

ManagerJosh

Well-known member
#3
I'm not sure what the correct reaction is to Microsoft's latest legal argument in a dispute with Apple over a trademark application for 'App Store'...


http://www.theregister.co.uk/2011/03/09/microsoft_claims_apple_font_too_small/

(personally, I laughed!)

If the opportunity arose, I'm not sure what I'd think if XenForo submitted a similar "technical" defence... I guess given IB's actions, it would only be fair!
Mainly a technicality and to force their hands to pick and choose arguments.
 

Tomble

Active member
#5
Is this the same Microsoft that got a trademark for a SINGLE generic word "Windows" ? ... exactly.
Only for usage within the area of computing operating systems, so it isn't nearly as generic in that context as it sounds. Whilst the concept of a window did exist in that context, and systems existed such as x-window it, at that time, was arguably not generic enough to be an invalid trademark when granted.

On the other hand I would say that App(lication) Store, is very generic in the context of selling applications, most people still think of Android Marketplace etc as an App Store and describe it as such. I can't really see a problem with everyone being able to say 'App Store' as opposed to just one company.
 

dutchbb

Well-known member
#6
When I hear 'App Store' I think of Apple, and so does 88% according to that study. The term was commercialized by Apple and strongly linked with them, and now that it's popular and lucrative, MS, like always, is interested in it. No, Apple is right in this case. It's already shameful how their products and ideas are copied by others all the time, they have the right to at least trademark some of it.
 

Tomble

Active member
#7
The problem is the lack of truly independent research on the matter. I would have to agree with a quote from here, however:

But from where we sit, if "The Computer Store" isn't trademarkable, it's difficult to see how "App Store" could be.
The USPTO was correct on the former. We'll see how well they do on the latter.
I personally do not particularly care either way, but I do feel that the case is an interesting one, not least to see how many future trademarks for things like 'Widget Store' or 'Game Store' cite this case if it does get approved.

The main positive from an Apple win though would be the press hopefully moving away from the over use of the word App Store and hopefully adding some variety to their stories. Or they'll just continue using the word app store :(.



Edit: Just realised what topic this was, sorry for going off topic.