Wednesday, March 30, 2011

Microsoft Also Opposes Apple's "App Store" Trademark Issue

Microsoft is also one of those companies who opposes this Apple useless "App Store" Trademark issue, which Apple have filed against Amazon. Microsoft does not support this Apple's Effort, as they have also filed Opposition to Apple Trademark issue. They have filed a new reply in U.S. Patent and Trademark Office to refuse the Apple's Trademark application. Before that Microsoft has also once opposed Apple on Font Size issue, which states that Apple is breaking the rule by being too long and using a smaller font size to get in more of an argument.

According to CNET:
Microsoft struck back in a separate declaration filed today by linguistic expert Ronald R. Butters that attempts to poke holes in [Apple's hired linguist Robert A.] Leonard's claims, saying "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."

Butters also knocks Leonard's sourcing of online dictionaries that had spelled out Apple's ties to the App Store moniker. "The online 'dictionary' sources Leonard cites were not written by established lexicographers and are without scientific authority," Butters wrote. "Even so, he included an online source that does, in fact, define app store as a generic term."
Microsoft's 9 Page (PDF) filed against Apple explains it all. 
"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," the company wrote in today's filing. "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."
Microsoft argues that the simple fact that those companies were using the term in the first place indicates that the term is generic.The file posted above by Microsoft also points toward the Amazon's new "Appstore For Android" as another example of Generic Term.

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