Microsoft has taken into its thinking rooms to object and possibly win an argument that it has just started. In a recent filing, Microsoft labeled the trademarked term “app store” as something “generic”. Perhaps that when you buy apps from a store, it becomes an “app store”. Frankly, this may fly into Microsoft’s favor, however, Apple has other ideas, like for example stating that the “app” is short for Apple (tricky one, Cupertino!).
And an excerpt from the filing:
“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,” write lawyers for Microsoft in a motion for summary judgment, filed yesterday with the Trademark Trial and Appeal Board. “Apple cannot block competitors from using a generic name. ‘App store’ is generic and therefore in the public domain and free for all competitors to use.
This will be interesting to follow, no doubt about that. And, Microsoft still has guts, even after the launch of Windows Phone 7.