14 DAY TRIAL // Microsoft is trying to prevent Apple from obtaining a trademark for the “App Store” name, as it is too generic and would affect anyone looking to create and advertise one, documents unearthed by the Seattle-based TechFlashPodcast.
The site reported on Microsoft's filing on Tuesday, providing a link to Microsoft's filing.
According to the Introduction and Summary of Argument, Microsoft acknowleges that “Apple’s ‘App Store’ is an online store where users can purchase and download apps for use on their iPods, iPads and iPhones.”
“Microsoft opposes Apple’s Application Serial No. 77/525433 for APP STORE on the grounds that ‘app store’ is generic for retail store services featuring apps and unregistrable for ancillary services such as searching for and downloading apps from such stores,” the document reads.
As it moves for summary judgment refusing registration of the “App Store” dubbing, Microsoft claims the following undisputed facts establish that “app store” is generic for retail store services featuring apps:
· “App” is a common generic name for the goods offered at Apple’s store, as shown in dictionary definitions and by widespread use by Apple and others.
· “Store” is generic for the “retail store services” for which Apple seeks registration, and indeed, Apple refers to its “App Store” as a store.
The makers of the Windows operating system believe that "These facts alone establish genericness as a matter of law under the cases holding that a generic product name followed by 'store' is generic for retail store services featuring the product."
Apple introduced the App Store in 2008, around the time it had launched its second version of the iPhone - the iPhone 3G.
The system proved to be quite successful with billions of downloads in just under two years of existence, and hundreds of thousands of applications distributed worldwide.
Apple recently introduced an App Store focused on Macintosh desktop applications, calling it the “Mac App Store”.