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Thread: Microsoft Goes Linguistic on Apple in Trademark Case

  1. #1
    MMi Staff Writer Michael Essany's Avatar
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    Default 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

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  3. #2
    iPhone? More like MyPhone
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    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.
    Last edited by CobraSVT; 03-30-2011 at 02:59 PM.
    -Cobra

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    My iPhone is a Part of Me delusion950's Avatar
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    Quote Originally Posted by LamboFan View Post
    Quote removed
    Lol
    Last edited by Cer0; 03-30-2011 at 08:54 PM.

  5. #4
    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)?
    If you think Im serious, thats funny.

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    iPhone? More like MyPhone 5h4d0w's Avatar
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    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.

  8. #6
    Apple are really lame at times.

    They should patent "Crapp store" instead.

  9. #7
    What's Jailbreak? Kolder's Avatar
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    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.

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    fdw1 (04-01-2011), Rob2G (03-30-2011)

  11. #8
    rediculous

  12. #9
    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...

  13. #10
    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
    RIP Steve Jobs.. You changed the world

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    My iPhone is a Part of Me tsatryan's Avatar
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    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.

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    Livin the iPhone Life
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    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

  17. #13
    Microsoft is gonna need a "cunning linguist" in order to push this through.

  18. #14
    What's Jailbreak? Kolder's Avatar
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    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?

  19. #15
    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

  20. #16
    Quote Originally Posted by Kolder View Post
    Are you available for the position?
    lmfao!

  21. #17
    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
    Last edited by Simon; 03-30-2011 at 06:29 PM.
    ~Dark Light

  22. #18
    Quote Originally Posted by iamutman View Post
    Microsoft is gonna need a "cunning linguist" in order to push this through.
    I has lol.

  23. #19
    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
    Last edited by Amraam; 03-30-2011 at 05:03 PM. Reason: Automerged Doublepost

  24. #20
    My iPhone is a Part of Me vinaygoel2000's Avatar
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    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.

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