Rather than adding credence to the argument that consumers are likely to be confused by the rash of 'app stores' popping up, Microsoft has used the launch of Amazon's Appstore to dismiss Apple's claims to the name.
In its latest legal filing regarding Apple's attempt to trademark 'App Store' with the USPTO, Microsoft claims Amazon's Appstore acts as proof that all companies need access to the phrase in order to describe the service on offer.
In the Redmond firm's view, it would be irresponsible to give any one company a hold over the name.
Points of reference
"Apple strains to keep 'App Store' for its exclusive use, even claiming that its online stores are not real stores, only metaphorical ones," Microsoft adds in the filing.
"But Apple cannot escape the hard truth: when people talk about competitors' stores, they call them 'app stores'. You don't have to look far to find this generic use The Washington Post, The New York Times, The Wall Street Journal and even Apple's CEO Steve Jobs.
"And generic use of 'app store' is not obscure or occasional as Apple would have us believe. It is prominent, ongoing and, by Apple's own measure, hundreds of times more frequent than the thin generic use in the cases upon which Apple relies."
Anti-Amazon
Apple is currently in the process of suing Amazon over its use of the name, having claimed it attempted make contact with the online retailer on more than one occasion to no avail.
The company is also reported to have sent a cease-and-desist letter to adult app store MiKandi for similar reasons.
However, as explained to PocketGamer.biz by Olswang LLP lawyer Jas Purewal, Apple faces many difficulties if it is to fully take control of the 'App Store' name, most notably those wrapped up in the Amazon case, where it could be argued that consumers are unlikely to be confused given the two markerplaces run on different operating systems.
[source: GeekWire]
News
With a fine eye for detail, Keith Andrew is fuelled by strong coffee, Kylie Minogue and the shapely curve of a san serif font.
Related Articles
News
Jun 9th, 2024
PocketGamer.biz Podcast Week in Mobile Games E15 - Star Wars: Hunters finally launches, the West's MOBA problem, and Xbox handheld rumours
Top Stories
News
4 hours, 22 minutes ago
PocketGamer.biz Podcast Week in Mobile Games E15 - Star Wars: Hunters finally launches, the West's MOBA problem, and Xbox handheld rumours
News
Jun 7th, 2024
Week in Views - The hunt for the new Star Wars game, Xbox goes handheld, and cats versus monsters…
News
Jun 7th, 2024
Week in Views - The hunt for the new Star Wars game, Xbox goes handheld, and cats versus monsters…
News
Jun 7th, 2024
Metacore's Teppo Soininen: “Anybody who has put a game into soft launch knows there’s still plenty of space for f*ck ups.”
Events
Tribeca Games Festival 2024 | North America | Jun 5th |
Xbox Games Showcase / [Redacted] Direct | Jun 9th | |
PC Gaming Show 2024 | Jun 9th | |
Steam Next Fest: June 2024 Edition | Jun 10th | |
WN Conference Istanbul 2024 | Jun 11th | |
GamesForum Hamburg 2024 | Europe | Jun 11th |
ESI London 2024 | Europe | Jun 13th |
Indie Dev Play 2024 | Europe | Jun 14th |