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  1. #21  
    Quote Originally Posted by barkerja View Post
    I have Office in my Windows.
  2. #22  
    Quote Originally Posted by barkerja View Post
    Again thats different.

    App store specifically refers to a store that sells applications. Its a descriptive term.

    Windows is the name of the operating system created by Microsoft that isn't generic when talking about operating systems.

    One wouldn't really say....Oh Apple has a Windows too. instead of operating system.


    Now if they tried to TM Operating System...then the comparison would mean more.
  3. #23  
    Quote Originally Posted by Brain Mantis View Post
    Again thats different.

    App store specifically refers to a store that sells applications. Its a descriptive term.

    Windows is the name of the operating system created by Microsoft that isn't generic when talking about operating systems.

    One wouldn't really say....Oh Apple has a Windows too. instead of operating system.


    Now if they tried to TM Operating System...then the comparison would mean more.
    Is it any more generic than App Market or App Catalog, though?
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    #24  
    Quote Originally Posted by Cantaffordit View Post
    No, I'm saying that if MS can win a trademark for the word "windows" - which they eventually did... then why is the phrase "app store" any different?

    I don't think Microsoft can have it both ways...
    They won the trademark for "Microsoft Windows" not just windows. Even if they did win the trademark for "Windows" your argument still fails because they sell software in which they call Windows. They don't sell windows, if they did then we would have a problem.

    To everyone they are not going to change the name of their stores to App store. The 360 came out in 2005 what did they name their online store "Xbox Live Marketplace and or Arcade." Iphone came out in 06 and did not have the app store until 07. WP7 came out in October 10 what did they call their store Marketplace.
    It's not the name they are after. They just want to stop apple from owning that generic term to sue other companies that use that generic term when describing their app stores. Which is why in their argument they quoted steve jobs referring to android and symbian app stores as "app stores" even though they are not named app stores.

    Now why would Steve Jobs refer to competitors app stores as app stores; because the term is generic.
  5.    #25  
    Quote Originally Posted by brain mantis View Post
    again thats different.

    App store specifically refers to a store that sells applications. Its a descriptive term.

    Windows is the name of the operating system created by microsoft that isn't generic when talking about operating systems.

    One wouldn't really say....oh apple has a windows too. Instead of operating system.


    Now if they tried to tm operating system...then the comparison would mean more.
    +1000000000000
  6. #26  
    Microsoft is essentially helping out smaller companies with this one, particularly those companies building Android devices that don't use the Google Marketplace.

    Maybe Amazon should join in this fight since they're aanother heavier weight and they actually do have their Amazon "appstore". I'm sure Apple will be coming after them for that if they do win this trademark.
  7. #27  
    It's like trying to trademark the term 'tire store' or 'candy store'... way too generic of a term that can be used by a wide range of companies.
  8. #28  
    As I read this stuff (and remember because I worked for a competitor at the time) I think it's the same thing:

    From NYT article:
    the Patent Office sided strongly with Microsoft's opponents. The letter argued at length that the word "windows" has a generic meaning in the computer industry and was in use long before Microsoft first introduced its product in 1983.
    Microsoft's response:
    Jonathan Lazarus, vice president for strategic systems at Microsoft, said the company was merely trying to protect its hard-earned name and prevent consumers from being fooled by inferior copycat products.

    "There is value in the name Windows," he said today, adding that the word "windows" has acquired a distinctive and inextricable association with his company's product. "There is no confusion among anyone in the personal computer industry that when you say 'windows,' you're referring to Microsoft Windows," he said.
    And Microsoft's trademark is for the word "Windows", not "Microsoft Windows". If you check the MS website there are many pages of instructions about how to use the term when writing about it, and it is specifically not to be called Microsoft Windows, but to be the name Windows, and elsewhere noted that Microsoft owns the trademark.

    When people say "app store" it has become synonymous with iPhone. Apple hasn't tried to trademark it, Microsoft is just showing how worried they are...

    Not the first time a company was a hypocrite. The cable companies fight against selling channels ala carte but actively lobby for regulations to force carriers to un-bundle elements and services.

    just sayin
  9. #29  
    Actually Apple has tried to trademark it, that's why this challenge exists.

    As for the Windows trademark, they're trade marked for the product name of an operating system and at best that could be dragged out to the name of a computer program or electronics product. But they can't stop people from calling the GUI screens in other operating systems windows as long as it's used as a generic term and not a product name.

    As someone has already said, if Microsoft tried to trademark the term "operating system" it would be the same as Apple's attempt to trademark "app store". Especially when you've got the founder/CEO of Apple using the term in generic form to refer to other "app stores" where you'd never find an instance of a Microsoft exec doing the same thing using Windows to refer to other "operating systems".
  10. #30  
    Quote Originally Posted by HelloNNNewman View Post
    It's like trying to trademark the term 'tire store' or 'candy store'... way too generic of a term that can be used by a wide range of companies.
    But what if someone created a national tire retailer called "the tire store", they could trademark that term whereas no other retailer can sell tires under the name "the tire store"
  11. #31  
    Quote Originally Posted by Maestro1 View Post
    But what if someone created a national tire retailer called "the tire store", they could trademark that term whereas no other retailer can sell tires under the name "the tire store"
    I'm no lawyer... but I did stay in a Quality Inn... ahh someone else's joke there.. but there are companies our there named "The Tire Store". They may be named that, but I doubt they'd be able to get a trademark on the name, unless it was specific to using all 3 words together "The Tire Store". Dunno. That would be one to ask the resident P|C copyright/trademark guru. I'd imagine it could be said for anything along those lines.. stores called: 'The Candy Store' or 'The Gas Station'. You can name your store those things, but you couldn't trademark them.
  12. #32  
    Quote Originally Posted by HelloNNNewman View Post
    I'd imagine it could be said for anything along those lines.. stores called: 'The Candy Store' or 'The Gas Station'. You can name your store those things, but you couldn't trademark them.
    I'm almost positive I've been to a store called "The Candy Shop" before. And yeah, it's a generic term but I'd imagine I'd get slapped down with the quickness if I tried to open a candy store down the street called "The Candy Shop."

    I remember the store having some unreal chocolate covered gummy bears...
  13. #33  
    That's the point. There are many of them, and they aren't able to trademark the name.

    http://www.thecandyshop.com/

    http://atlanta.metromix.com/restaura...815011/content
  14. #34  
    Yep. The best they can do is be the first to grab the internet domain name before someone else does.
  15. #35  
    Quote Originally Posted by Cantaffordit View Post
    Locally, though? I can't imagine the existence of another "The Candy Shop" in Atlanta not creating confusion in the marketplace.
  16. #36  
    Quote Originally Posted by Cantaffordit View Post
    can't compare small and local companies to the two biggest tech giants. They don't really need trademark. Tony's pizzeria in chicago is not going to affect Tony's pizzeria in new york. usually small and or local business either don't have the money or sophisticated lawyers to trademark such a name; let alone the need to.

    but in the apple/Microsoft case these are national and well known .

    It's all complicated legal stuff we might all have our opinions, I think both sides do have legitimate arguments, Even though "app store" does sound very generic it is a phrase. Similar to Monster being a generic word, and Monster wire getting a trademark for the word when it relates to electronic accessories and such.
  17. #37  
    We can see an example of a generic term failing to be trademarked within Microsoft's own portfolio in Office. Their productivity suite had to carry their company name to be because it was too generic for that sector of business to trademark.

    I personally think that that on record statement they have from Jobs himself using "app store" in generic terms will be a huge boon to this challenge succeeding because a huge part of trademarking is how generic the trademark really is to that sector of business.
  18. #38  
    Trademarking app store is like trying to trademark "grocery store". LIke the claim says it's too generic. Windows on the other hand is trademarked likely only in certain contexts of selling it's products. There is not prevention on people suing the term windows is sell curtains or auto glass repair. The context of consumer products and electronics etc makes it's use unique. Jobs will lose this one. And they'll just start calling it the "Apple App Store."
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