Apple And Microsoft Fight Over "App Store" Trademark

mud wrestling

Apple wants to trademark the expression “app store”. Microsoft won’t let it, and has sued against the filing. Microsoft’s argument is that “app store” is too generic a term to be trademark.

Now it’s become a battle of words and lawyerly arguments over whether “app store” is a generic term or not.

Apple: (lightly paraphrasing) “Dude, Microsoft trademarked ‘WINDOWS,’ so don’t talk to us about generic terms!”

Microsoft: (lightly paraphrasing) “Even Steve Jobs, in a conference call, used ‘app stores’ as a generic term for other companies’ app stores! Steve Jobs!”

Here’s what Apple writes in its filing:

Having itself faced a decades-long genericness challenge to its claimed WINDOWS mark, Microsoft should be well aware that the focus in evaluating genericness is on the mark as a whole and requires a fact-intensive assessment of the primary significance of the term to a substantial majority of the relevant public. Yet, Microsoft, missing the forest for the trees, does not base its motion on a comprehensive evaluation of how the relevant public understands the term APP STORE as a whole.

Hopefully this gets even more entertaining in the future.

(Via TechFlash)

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