Microsoft has made moves to block Apple from trademarking the phrase “app store.” Apple filed for this patent on July 17, 2008 and Microsoft has motioned for a summary judgement to keep the phrase “app store” free for all to use.
“An ‘app store’ is an ‘app store.’ Like ‘shoe store’ or ‘toy store,’ it is a generic term that is commonly used by companies, governments, and individuals that offer apps,” said Microsoft’s Russell Pangborn, Associate General Counsel of Trademarks. “The term ‘app store’ should continue to be available for use by all without fear of reprisal by Apple.”
In their motion, Microsoft argues that “terms that combine the generic name of a product with the generic designator ‘store’ or ‘warehouse’ are generic and unregistrable for retail store services featuring the product. THE COMPUTER STORE, for example, was held generic for stores selling computers.”
Seems to make perfect sense. While many people think of Apple in relation to the phrase “app store,” it’s not universal. While Google and Microsoft chose to go with “Market” and “Marketplace” when naming their app stores (see? I just used it without referring to Apple), many other brands have kept it simple.
Jobs himself said in an interview, “Amazon, Verizon and Vodafone have all announced that they are creating their own app stores for Android. There will be at least four app stores on Android.” This quote is also included in Microsoft’s motion. Even Foursquare has an app store.
Apple has gotten some sweet patents over the years, but this one seems a little extreme. What do you think?
via PCMag.com