Microsoft's Latest Legal Tactic: Complaining About Apple's Font Size

Over the past few months, we've been following the dispute between Apple and Microsoft over Apple's attempts to trademark the term "App Store". Microsoft filed an objection to the trademark back in January, arguing that the term is too generic to be trademarked and that protection of it would unfairly hamper competitors' application marketplaces.

Last week, Apple fired back, taking steps to convince the U.S. Patent and Trademark Office that the term is not generic and taking aim at Microsoft's position given its own defense of "Windows" as a trademark over the years.

GeekWire now reports that Microsoft's response to Apple's claims is to file a complaint that Apple's filing was too long and in too small of a font size, exceeding limitations set by the Patent and Trademark Office for such documents.

Microsoft, opposing Apple's attempt to trademark the phrase "App Store," today filed a motion with the U.S. Patent and Trademark Office to strike the iPhone maker's latest filing in the case - saying that its response to Microsoft's attempt to dismiss the case violated court rules that limit such briefs to 25 pages, and require them to be in at least 11 point font.

"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 the motion filed today by Microsoft's lawyers, accusing Apple of manipulating the text to squeeze in more of its arguments against Microsoft's opposition to the trademark application.

Microsoft has requested that Apple be required to refile its motion in compliance with the length and font size requirements and without introducing any new material in support of its argument.