Microsoft files motion to dismiss Apple's 'App Store' trademark claim

[TheCount]

That Apple had the original App Store isn't under dispute, but should the company have the right to exclude others from using the same term to describe their program repositories? Microsoft says no, and has this week filed a motion with the US Patent and Trademark Office asking for it to dismiss Apple's trademark claim for "App Store." The application seeks to secure for Apple the exclusive use of the term in the context of computer software broadly, not just on the mobile front, but Microsoft is arguing that its constituent words are generic (or simply descriptive) both individually and as a pair. In making its case, the Redmond company cites Steve Jobs himself, whose exposition on the topic of Android fragmentation included specific mention of multiple "app stores" for the Google OS. It would seem this has been brewing for a while, too, as the last update -- dated 7th of July, 2010 -- on Apple's trademark application notes there's a pending opposition to [View Full Quote]its claim. Now that Microsoft's escalated its complaint to asking for a summary dismissal, it'll be interesting to see on which side of the great divide the decision falls.

http://www.engadget.com/2011/01/12/m...aim-says-term/

This should be an interesting battle. I could see filing to trademark "Apple App Store", "AppStore", etc. but filing to trademark "App Store" is a bit broad if you ask me. I think Microsoft has a legit argument, but the trademark procedure in this country has been a mess for a long time, wouldn't be surprised to see Apple get the patent anyway.