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.