Microsoft, HTC, Nokia and Sony Ericsson have teamed up in Europe to send Apple a message: no one can own the term “App Store,” and they’re willing to join forces to prove it in court.
The group have filed a complaint in which they claim Apple’s trademarks are invalid. A spokesperson from Microsoft said in a statement:
Today’s filings by HTC, Nokia, Sony Ericsson, and Microsoft, like Amazon’s recent action, demonstrate the breadth of opposition to Apple’s unsupportable claim of exclusivity. App store,’ like ‘toy store’ or ‘book store,’ is a generic term that should continue to be available for everyone to use for stores that sell apps.
The overwhelming success of the App Store since Apple launched the service for iOS devices has, naturally, inspired other companies to follow suit and offer a similar service for their own users.
Amazon recently launched a service of its own named ‘Amazon Appstore for Android’, which resulted in a lawsuit from Apple. In its defence, Amazon argued that Steve Jobs himself used the words ‘app store’ to describe similar services from Apple’s rivals.
John Paczkowski at All Things Digital notes that the phrase ‘App Store’ “didn’t enter the vernacular until 2008, right around the time Apple began popularizing it.” However, I think Microsoft and its chums have a good argument.
While I’ll admit that it’s rare for me to disagree with Apple and Steve Jobs, I have to agree that ‘App Store’ should be a generic term, and that there should be no reason why the term shouldn’t be used to describe any store that sells apps.
[via MacTrast]
Killian Bell is a freelance writer based in the U.K. He has an interest in all things tech and also covers Android over at CultofAndroid.com. You can follow him on Twitter via @killianbell.
27 responses to “Microsoft & Others Join Forces To Kill Apple’s ‘App Store’ Trademark”
Windows is generic too, since practically every GUI-based OS has windows. Microsoft shouldn’t have been allowed to trademark windows. Be consistent. .
‘app store’ is not generic. Apple started it by calling their programs ‘Applications’. If microsoft were consequent, they’d call their apps ‘progs’, as windows applications are called programs – instead of copying apple
It’s bad enough you’ve all copied off of Apple’s design, now you’re suing them because they got a good name because *surprise!* they designed it first?
You know, I’m all for competition, but if Microsoft were to just fall off the face of the earth, I’d be pretty damn pleased.
Exactly! By the same logic the Microsoft lawyers are using, “Windows” should not be trademarked, as almost every OS has them. Besides, there’s thousands of alternatives, they don’t need the “App Store” trademark.
But no one at Microsoft is imaginative enough to come up with a different name. Microsoft is in the business of imitation, not innovation.
progstore?
christoph makes a very good point…
apple has already established a precedence by including their applications folder in their operating system – commonly referred to (among developers and many end users) as the apps folder. see image > http://alturl.com/ogugm
microsoft has already established their precedence by including the programs folder in their operating system – commonly referred to (among developers and many end users) as the programs folder. see image > http://alturl.com/akaow
The statement mentions toy store and book store, but those words are not abbreviated words so what Microsoft et al are selling are “applications” so their stores should be called “applications store” I was under the impression that “apps” is an apple coined word so they should be allowed the protect it. But knowing the european courts they will side with Microsoft on grounds of human rights or some such nonsense.
Android calls theirs the “android marketplace”…that’s creative enough, why can’t other companies come up with their own names? “Microsoft Software Center” or “mini windows center” or something like that. Come on guys, it’s easy to see when everyone is just copying. Lets see some innovation people!
What the hell was an “app” before apple popularize the term …???
You mean like nobody can own ‘Windows’ as well? How two-faced.
The important thing with a trademark is that it is designed to protect a name or logo. Being generic is irrelevant (as others have pointed out, MS has trademarks for Office and Windows, both more generic than app store), it’s the brand that is being protected. On top of that, the name only became a generic term only after the success Apple had. Seriously who would have said app store in a conversation prior to its launch? That in my opinion is something that deserves to be protected.
If I were Apple legal, I’d commission an independent survey to be carried out on the streets, that asks 1 simple question: when you hear the term ‘app store’ what or who do you associate it with? If more than 50% say Apple or iPhone or iPad (which I bet would be the case) then that more than justifies the trademark.
If the term “App Store” is wrong and can’t be a trademark, then how come “Windows” is a trademarking term ?
I agree with you, App Store is totally generic. Apple is being crazy here, even though I love them haha
the term “app store” can only belong to Apple; it can only be attributed to Apple. If it weren’t for them even the term “app” wouldn’t be used as is today. This is so crystal clear, it shouldn’t even go to court.