Microsoft Objects to Apple's 'App Store' Trademark Application
TechFlash reports that Microsoft has filed a motion (PDF) asking the U.S. Patent and Trademark Office to deny Apple's application for a trademark on the term "App Store", arguing that the term is a generic one that other entities should be free to use.
"Any secondary meaning or fame Apple has in 'App Store' is de facto secondary meaning that cannot convert the generic term 'app store' into a protectable trademark," write lawyers for Microsoft in a motion for summary judgment, filed yesterday with the Trademark Trial and Appeal Board. "Apple cannot block competitors from using a generic name. 'App store' is generic and therefore in the public domain and free for all competitors to use."
Microsoft notes that Apple's claims on the "App Store" term have forced its competitors to tweak references to their own stores, calling them "Application Stores" or "App Marketplaces". The company also references cases in which the courts have decided that companies may not "usurp a generic term" for trademark purposes if it would prevent competitors from adequately describing their own products.
Microsoft also points to use of the generic term "app store" by the media, consumers, and even Apple CEO Steve Jobs himself in reference to non-Apple stores as evidence that the phrase is generic and should not be accepted as an Apple trademark.
Apple has been trying since July 2008 to convince the Patent and Trademark Office to grant a trademark on the phrase, with examiners initially denying the application under the rationale that the term is merely descriptive of the services offered by Apple. Apple appealed the decision a few months later, submitting a stack of evidence showing that the term had acquired distinctiveness in marketing materials and media coverage. In response, examiners tentatively decided to award Apple the trademark and published it for opposition in January 2010.
Microsoft signaled its opposition to the trademark approval in July of last year, and followed that up with the motion for summary judgment filed earlier this week in an effort to speed the dismissal of the trademark using the argument that generic terms can not be protected even if they have achieved notability.
Popular Stories
As previously rumored, the next-generation iPhone 15 Pro and iPhone 15 Pro Max will feature a unified volume button and a mute button, according to leaked CAD images shared in a video on the Chinese version of TikTok and posted to Twitter by ShrimpApplePro.
Instead of separate buttons for volume up and volume down, the iPhone 15 Pro models are expected to have a single elongated button for...
A first-generation iPhone still sealed inside its box sold for $54,904 at auction, which is more than $54,000 over the original $599 price tag of the device when it was released in 2007.
The original iPhone was put up for sale by RR Auction on behalf of a former Apple employee who purchased it back when it first came out. Back in February, an original, sealed iPhone sold for over $63,000,...
While year-over-year iPhone upgrades are not always groundbreaking, new features can begin to stack up over multiple generations. For example, the iPhone 15 Pro will be a notable upgrade for those who still have a three-year-old iPhone 12 Pro.
If you are still using an iPhone 12 Pro and are considering upgrading to the iPhone 15 Pro when it launches later this year, we have put together a...
Apple's high-end iPhone models have started at $999 in the U.S. since they first launched back in 2017 with the iPhone X, but could this finally be the year that starting price sees an increase?
This week also saw some more rumors about Apple's upcoming headset and the company's explorations in the booming AI industry as well as the release of a new round of beta updates, so read on for all...
The iPhone 15 Pro Max will have the thinnest bezels of any smartphone, beating the record currently held by the Xiaomi 13. That's according to the leaker known as "Ice Universe," who has divulged accurate information about Apple's plans in the past.
Both iPhone 15 Pro models are expected to have thinner, curved bezels compared to the iPhone 14 Pro, potentially resulting in an Apple...
While the iPhone 15 lineup is around six months away, there have already been plenty of rumors about the devices. Many new features and changes are expected for the iPhone 15 Pro models in particular, including a titanium frame and more.
Below, we have recapped 11 features rumored for iPhone 15 Pro models that are not expected to be available on the standard iPhone 15 and iPhone 15 Plus:A17...
Apple continues to test iOS 16.4, which includes a handful of new features and changes for the iPhone. Below, we have recapped five new features coming with the software update, including new emoji, push notifications from websites, and more.
Apple says iOS 16.4 will be available in the spring, which begins today. In his newsletter this weekend, Bloomberg's Mark Gurman said the update should ...