Apple attacks Microsoft 'App Store' trademark challenge

App Store trademark under attack by Phone 7 maker

App Store trademark battle hots up

Apple has hit back at Microsoft over the Phone 7 manufacturer’s attempts to dismiss Apple’s attempts to trademark the term “App Store”.

Looking to have taken the higher ground, Apple initially kept quiet in response to Microsoft’s attempts to disband the legally binding trademark filled on the grounds that "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."

It seems, however, that Apple has simply spent the last month perfecting its sharp tongued response stating Microsoft should not refute the trademark on claims of its generic term use "having itself faced a decades-long genericness challenge to its claimed Windows mark".

Microsoft filled the complaints back in January having seemingly had enough of referring to its own Windows Phone 7 app outlet as the Windows Phone 7 App Marketplace.

Keen to retain its App Store branding, Apple has gone as far as to employ “renowned linguistics expert”, Dr Robert Leonard, adding to its retort Apple added: "Microsoft should be well aware that the focus in evaluating genericness is on the mark as a whole and requires a fact-intensive assessment of the primary significance of the term to a substantial majority of the relevant public" and that "what it offers instead are out-of-context and misleading snippets of material printed by its outside counsel from the internet and allegations regarding how the public allegedly interprets the constituent parts of the term App Store, i.e., 'app' and 'store'".”

Is Apple right to retain its App Store trademark or are these school playground-esque exchanges nothing more than an unnecessary petty game of one-upmanship? Let us know your thoughts via the T3 Twitter and Facebook feeds.

Via: PocketLint

Tags