Thursday, March 3, 2011

Apple, Microsoft still sparring over "App Store" trademark

Earlier this year, Microsoft filed a complaint with the Patent and Trademark office against Apple over the Cupertino company's attempt to trademark the term "App Store." Microsoft objected to this patent on the grounds that "App Store" was a generic term. Apple responded to this complaint in full force stating in one section of its rebuttal,

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. What it offers instead are out-of-context and misleading snippets of material printed by its outside counsel from the internet and allegations regarding how the public allegedly interprets the constituent parts of the term APP STORE, i.e., 'app' and 'store.'"

Apple also points out the irony of this complaint as Microsoft holds a trademark for the word Windows, which should be considered a part of a building, not a term owned by Microsoft. The USPTO has not commented on these filings, nor given a date when it will make a decision regarding the App Store trademark. Though it may seem like a silly spat, the term App Store is thrown around loosely by a variety of companies, a situation that would change dramatically if Apple is granted this trademark.

[Via BGR]

Apple, Microsoft still sparring over "App Store" trademark originally appeared on TUAW on Wed, 02 Mar 2011 16:00:00 EST. Please see our terms for use of feeds.

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