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  • Microsoft Goes Linguistic on Apple in Trademark Case


    Try as they might, Apple will not have an easy time securing the trademark for "App Store." The people at Microsoft simply won't let that happen. And to better ensure that it doesn't, they've hired a linguistic expert to help illustrate why Apple is wrongfully laying claim to a phrase that should continue to exist as generic fair game for all.

    In yet another complaint filed with the U.S. Patent and Trademark Office, Microsoft has brought in linguistic expert Ronald R. Butters to counter the pro-Apple assertions made by Apple's linguistic expert Robert A. Leonard. According to Microsoft's wordsmith: "the compound noun 'app store' means simply 'store at which apps are offered for sale,' which is merely a definition of the thing itself--a generic characterization."

    "The undisputed facts establish that 'app store' means exactly what it says, a store offering apps, and is generic for the retail store services for which Apple seeks registration," Microsoft claims. "Apple does not contest that its other services are ancillary and incidental to its retail store services. Summary judgment should be entered denying Apple's application in its entirety."

    Butters also blasted Apple for using "online dictionaries" that were meant to lend credence to Apple's unique affiliation with and connection to the "App Store" designation. Butters alleges that "the online 'dictionary' sources Leonard cites were not written by established lexicographers and are without scientific authority. Even so, he included an online source that does, in fact, define app store as a generic term."

    It isn't clear what will ultimately come of Apple's efforts to trademark "App Store." But what is unmistakably apparent is that Apple isn't going to limit its fight to Microsoft. Last week, Apple filed a lawsuit against Amazon for referring to its new mobile software distribution marketplace as an "Appstore."

    Source: CNET
    This article was originally published in forum thread: Microsoft Goes Linguistic on Apple in Trademark Case started by Michael Essany View original post
    Comments 63 Comments
    1. CobraSVT's Avatar
      CobraSVT -
      I think its BS to begin with, without jailbreaking, apple problably would have been much slower on the app store even being created especially after they saw what the community was doing that they couldn't.
    1. delusion950's Avatar
      delusion950 -
      Quote Originally Posted by LamboFan View Post
      Quote removed
      Lol
    1. Turb02's Avatar
      Turb02 -
      Just to let everyone know, Im gonna trademark "thats fu@ked up" and Ive already started a lawsuit towards every male from the age 18 and up, because you know you've said it... LOL


      Who does Apple think they are? Whats next on their list to (TM)?
    1. 5h4d0w's Avatar
      5h4d0w -
      The fact that companies even need "wordsmiths" to define terms for them shows just how screwed up this is. It's a word, get over it.
    1. Amraam's Avatar
      Amraam -
      Apple are really lame at times.

      They should patent "Crapp store" instead.
    1. Kolder's Avatar
      Kolder -
      Well, to be fair. Before apple marketed it. App store didn't even really mean anything. When someone says app store nowadays you automatically know what that means because apple put it into popular culture. It's a brand just like anything else.
    1. jdogg84's Avatar
      jdogg84 -
      rediculous
    1. piston597's Avatar
      piston597 -
      Y go to the trouble of a lawsuit when there is an infinite number of names they could name their own store... shows how scared they are from Apple...
    1. sammo123's Avatar
      sammo123 -
      Apple came up with it so they own it just like theres the android market if someone called there "app store" android market battles would wage on
    1. tsatryan's Avatar
      tsatryan -
      Apple fighting over "App Store" is no more ridiculous than Apple pressing this very web site about its previous name, ModMyiPhone.com Like it or not, they are merely protecting what they consider their creative right.
    1. feidhlim1986's Avatar
      feidhlim1986 -
      In the case with Amazon Appstore =/= App Store

      Appstore is one made up word

      App Store is two words, one of which is made up.

      Does Apple think that if someone with a Windows 7 phone sees an "App Store" on the device that they'll think they have an iPhone?
      Just build a shiny expensive magic bridge and get over it Apple
    1. iamutman's Avatar
      iamutman -
      Microsoft is gonna need a "cunning linguist" in order to push this through.
    1. Kolder's Avatar
      Kolder -
      Quote Originally Posted by iamutman View Post
      Microsoft is gonna need a "cunning linguist" in order to push this through.
      Are you available for the position?
    1. iliveudie's Avatar
      iliveudie -
      Quote Originally Posted by Amraam View Post
      Apple are really lame at times.

      They should patent "Crapp store" instead.
      Sorry, I already got that one
    1. Colby21's Avatar
      Colby21 -
      Quote Originally Posted by Kolder View Post
      Are you available for the position?
      lmfao!
    1. Dark_Light's Avatar
      Dark_Light -
      I agree that Apple certainly popularized 'App Store', but I don't know that they should own a trademark for the term.
      Also on a separate note the iStore I mean App Store, can be a bit of a rip off at times, when one can't try an app out. Which is why mod edit removed- no warez
    1. JarrettL's Avatar
      JarrettL -
      Quote Originally Posted by iamutman View Post
      Microsoft is gonna need a "cunning linguist" in order to push this through.
      I has lol.
    1. Amraam's Avatar
      Amraam -
      Quote Originally Posted by sammo123 View Post
      Apple came up with it so they own it just like theres the android market if someone called there "app store" android market battles would wage on
      But the android market is an 'app store' too. "App store" is too generic to be owned by anyone.

      Quote Originally Posted by iliveudie View Post
      Sorry, I already got that one
      Not in this thread you didn't

      Or did you mean you've already patented that? lol
    1. vinaygoel2000's Avatar
      vinaygoel2000 -
      Maybe Apple should change the name of their "App Store" to "AppStore" and patent that as one word. Coz I don't think there is a word in the dictionary as appstore.
    1. sandstorm77's Avatar
      sandstorm77 -
      Someone should go patent iStore so Apple cant use that.