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Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

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Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#11

Post by kenjackson »

alain94040 wrote: post #9
grellas wrote: post #8

Apple is here making an ultra-aggressive attempt at a land grab in the world of application software. The mark granted to it is for "App Store". Under relevant trademark law, a mark cannot be registered if it consists solely of a generic or purely descriptive term. "Store" is generic. So too is the word "application" - which is commonly thought of as being what the word "app" refers to. Therefore, no trademark could…

"Windows" is a trademark ( http://www.microsoft.com/about/legal/en/us/IntellectualPrope... ), so how do you explain that? If windows is not a generic word, it must be because it's applied in a specific context (a window manager). So then, possibly an "app store" doesn't just mean a store on Main St, that happens to have applications on its shelves, but a novel concept worthy of a trademark?

You probably couldn't trademark the name of a company that made glass windows as "Windows". Nor could you name a product that was a glass window as "Windows". That's the difference.

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#13

Post by Kylekramer »

alain94040 wrote: post #9
grellas wrote: post #8

Apple is here making an ultra-aggressive attempt at a land grab in the world of application software. The mark granted to it is for "App Store". Under relevant trademark law, a mark cannot be registered if it consists solely of a generic or purely descriptive term. "Store" is generic. So too is the word "application" - which is commonly thought of as being what the word "app" refers to. Therefore, no trademark could…

"Windows" is a trademark ( http://www.microsoft.com/about/legal/en/us/IntellectualPrope... ), so how do you explain that? If windows is not a generic word, it must be because it's applied in a specific context (a window manager). So then, possibly an "app store" doesn't just mean a store on Main St, that happens to have applications on its shelves, but a novel concept worthy of a trademark?

Windows is a branding of an OS based on one specific element. It isn't like Microsoft sues Apple for any references to a window in Mac documentation. App Store is a branding of an application store. The operating system equal would being someone trying to trademark Operating Sys or something of the like, not trying to brand a generic word.

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#15

Post by grellas »

alain94040 wrote: post #9
grellas wrote: post #8

Apple is here making an ultra-aggressive attempt at a land grab in the world of application software. The mark granted to it is for "App Store". Under relevant trademark law, a mark cannot be registered if it consists solely of a generic or purely descriptive term. "Store" is generic. So too is the word "application" - which is commonly thought of as being what the word "app" refers to. Therefore, no trademark could…

"Windows" is a trademark ( http://www.microsoft.com/about/legal/en/us/IntellectualPrope... ), so how do you explain that? If windows is not a generic word, it must be because it's applied in a specific context (a window manager). So then, possibly an "app store" doesn't just mean a store on Main St, that happens to have applications on its shelves, but a novel concept worthy of a trademark?

Your question is a very good one. A term that is primarily descriptive cannot be registered as a trademark on the primary register with the USPTO. However, if a vendor spends a lot in advertising over a substantial time such that the public comes to identify the relevant term with one vendor and not as a primarily descriptive term, then that item is said to acquire "secondary meaning." Once a primarily descriptive term acquires secondary meaning of this type, it can be registered on the primary register. Context matters here as well because marks are registered in revelant "classes" of goods or services. Thus, for Microsoft, "Windows" eventually acquired secondary meaning in the world of computer software (but not as applied to window installation in the building industry). Others can freely use "windows" in most any category of goods or services they want in the building trades but, given that the term "Windows" is now exclusively associated with a product from Microsoft in that class, not in the class of computer goods to which "Windows" belongs.

Other well-known secondary-meaning marks: "Holiday Inn," Subway's "Footlong" sandwich, many others.

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#17

Post by mambo69 »

grellas wrote: post #15
alain94040 wrote: post #9

Earlier quoted context omitted.

"Windows" is a trademark ( http://www.microsoft.com/about/legal/en/us/IntellectualPrope... ), so how do you explain that? If windows is not a generic word, it must be because it's applied in a specific context (a window manager). So then, possibly an "app store" doesn't just mean a store on Main St, that happens to have applications on its shelves, but a novel concept worthy of a trademark?

Your question is a very good one. A term that is primarily descriptive cannot be registered as a trademark on the primary register with the USPTO. However, if a vendor spends a lot in advertising over a substantial time such that the public comes to identify the relevant term with one vendor and not as a primarily descriptive term, then that item is said to acquire "secondary meaning." Once a primarily descriptive te…

How did Facebook manage to acquire secondary meaning for the the name, when the term "face book" existed as a descriptive term for the exact same thing that sucker-borg created a variation of?

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#19

Post by officemonkey »

grellas wrote: post #8

Apple is here making an ultra-aggressive attempt at a land grab in the world of application software. The mark granted to it is for "App Store". Under relevant trademark law, a mark cannot be registered if it consists solely of a generic or purely descriptive term. "Store" is generic. So too is the word "application" - which is commonly thought of as being what the word "app" refers to. Therefore, no trademark could…

Apple has a loooong history of not respecting other trademarks and "name and likeness" (eg: Beatles, Carl Sagan/BHA, Cisco's iPhone) that it's pretty rich that they're trying to stuff the "Kleenex™ back in the box" (so to speak) with the term "app store".

Re: Apple Sues Amazon.com, Seeks Order to Stop Use of 'App Store'

#20

Post by ericd »

grellas wrote: post #15
alain94040 wrote: post #9

Earlier quoted context omitted.

"Windows" is a trademark ( http://www.microsoft.com/about/legal/en/us/IntellectualPrope... ), so how do you explain that? If windows is not a generic word, it must be because it's applied in a specific context (a window manager). So then, possibly an "app store" doesn't just mean a store on Main St, that happens to have applications on its shelves, but a novel concept worthy of a trademark?

Your question is a very good one. A term that is primarily descriptive cannot be registered as a trademark on the primary register with the USPTO. However, if a vendor spends a lot in advertising over a substantial time such that the public comes to identify the relevant term with one vendor and not as a primarily descriptive term, then that item is said to acquire "secondary meaning." Once a primarily descriptive te…

Would the fact that "app" has been used as a shortened form of "application" in "web app"/"web application" have any bearing on it's ability be trademarked? Is it specifically for the combination "app store"? It would seem to me that its primary meaning is what they're trying to trademark, because it's bluntly self-descriptive.
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