Microsoft vs Apple – Round 1
In what could shape up to be a somewhat expensive fight for both parties, Microsoft filed a motion against Apple, blocking the company from trademarking the term “App Store”.
The brief outlines basically that the terms app and store both have generic definitions in society, and the combined app store also has meaning to the masses. Because of the widespread use of the term in the mobile industry, Microsoft also demonstrated that even Steve Jobs has used the phrase as a definition of services offered by it’s competitors in the same space. And indeed if you search on Google for app store, you’ll receive a results page with some 110 million results, with related search terms comprising of android app store, blackberry app store and nokia app store just to name a couple.
There is no doubt that Apple paired the terms and began using the phrase app store in conjuction with it’s offerings for it’s iPhone and other hardware, but it hardly warrants exclusive trademark rights. If Apple were granted the trademark rights to the term, no doubt we’d start to see many other applications submitted for other generic pairings. Microsoft in their motion listed quite a few examples of similar circumstances where trademark applications were denied as the terms applied for were too generic. The ball is in Apple’s court now and how will they reply? Only time will tell.