31–40 of 78 posts
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 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…
Today's News Summary: Apple = Trademark Troll Microsoft = Patent Troll AT&T = Monopoly If Amazon fights this they could win and it could be good news for everyone, except Apple. p.s. Yes I know Amazon is a patent troll as well.
Earlier quoted context omitted.
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…
Apple has successfully promoted the heck out of name "App Store" and spent a fortune doing so. If that's the criteria they have a solid case.
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?
>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?
Well, store doesn't really mean only physical stores right? There are a bunch of online shops calling themselves stores from the 90s.
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