What do you call a mobile market? Whether Android or Amazon, the phrase most call on seems to be "app store" -- but the App Store belongs to Apple, arguably the biggest driver of the term into common parlance. Does Apple own the phrase?
It wants to, at least. It's seeking a trademark for the term "App Store" with the U.S. Patent and Trade Office, and rival Microsoft doesn't want to see it win one. Microsoft wants to use the words for its own mobile market, and is hoping the USPTO denies Apple's claim.
"Any secondary meaning or fame Apple has in 'App Store' is de facto secondary meaning that cannot convert the generic term 'app store' into a protectable trademark," Microsoft lawyers write in a new motion, as reported by TechFlash.
The company wants to argue that the phrase "app store" is a generic, public-domain term Apple can't block its competitors from using. As evidence, it cites the fact that many websites that cover the mobile biz use the phrase "app store" freely to refer to any platform's app market. According to Microsoft, even Apple CEO Steve Jobs said "app store" in an interview to refer to Android's markets.
Apple currently forces Microsoft and others among its rivals to use words like "marketplace" (for Microsoft's Windows Phone store) in literature and communications about their products until the issue is sorted legally.
For Apple's part, it claims that "the vastly predominant usage of the expression 'app store' in trade press is as a reference to Apple’s extraordinarily well-known App Store mark and the services rendered by Apple thereunder."
The company says companies adopting the phrase "app store" are trying to "trade on the goodwill" it's built up.
It's cool, IBM will be laughing all the way to the bank when MS and Apple both end up paying royalty fees to them in order to use the patent/trademark 'process' :P
So MS, the maker of the OS "WINDOWS," is suing Apple. The irony... :) BUT, I really hope MS wins in this case. App Store is generically ridiculous and must be shot down now.
Ah, the ripe absurdity of intellectual property. No one but me in the Western civilization really stops to ever question how bizarre the concept of ownership (of anything is) in the first place and how it has drawbacks as well as its advantages. I'm not saying it's wrong, but it certainly could be done differently and tends to encourage subjugation, socio-economic inequity and worse--social injustice.
Microsoft, Apple, you don't like each other? No, we get it. You don't have to be drama queens about it. Take a step back from the anger and deception and get a fresh look at the problem --- together, and make an intelligent solution. The kicker? You'll save a lot of legal fees and headaches and heartbreaks. It's worth it. See Fisher and Ury's book Getting to Yes for reference. I dare you to do something mature and responsible. You'll appreciate it later :)
I think the real problem is that app store is now a generic term for any marketplace selling apps. it happens when a trademarked name becomes too popular for its own good. Like the word Kleenex, even though Kleenex is a brand its also used for any type of tissue. The same could be said for Tylenol or aspirin.
I'm surprised Apple didn't trademark "App Store" to begin with. But apparently not, and it's got to be too late now. The phrase is far too widespread now for them to claim it as their own. Especially now that there are plenty of Android and other apps.
All they can do now is accept the lesson and come up with a really good logo, or else think of another name for their marketplace and trademark it quick!
Microsoft, Apple, you don't like each other? No, we get it. You don't have to be drama queens about it. Take a step back from the anger and deception and get a fresh look at the problem --- together, and make an intelligent solution. The kicker? You'll save a lot of legal fees and headaches and heartbreaks. It's worth it. See Fisher and Ury's book Getting to Yes for reference. I dare you to do something mature and responsible. You'll appreciate it later :)
The "ownership sucks" argument works in an undergrad philosophy course but that's about it.
All they can do now is accept the lesson and come up with a really good logo, or else think of another name for their marketplace and trademark it quick!