Linked by Thom Holwerda on Mon 21st Mar 2011 23:00 UTC
Legal There's a scene in American Beauty where Kevin Spacey masturbates in the shower, while his voice-over states: "This will be the highlight of my day. It's all downhill from here." That's how I feel right now. We just had Microsoft suing Barnes & Noble, which was already pretty low to begin with, but Apple just upped the ante by suing Amazon... Over the 'app store' trademark. For the love of god.
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RE[2]: Comment by roentgen
by molnarcs on Tue 22nd Mar 2011 07:13 UTC in reply to "RE: Comment by roentgen"
molnarcs
Member since:
2005-09-10

That was because they received a letter from MS - not an actual lawsuit. Not that that makes it right, but only to point out that WereCatF is still right: Microsoft Windows is a trademark. Windows isn't.

Not only that, but I think Windows itself could be a trademark. Why? Because it is an arbitrary name for an operating system. No confusion with real windows, no confusion with an other operating system. Apple is a common noun, but referring to a operating system it is unique. However, application store or app store (there is a natural tendency in English to shorten names) is... well, an app store. GOG is an app store. The android market is an app store.

Regardless of what our resident fanboy (yeah, I'm looking at you mrhasbean) says, app store is not an arbitrary name that makes app store equivalent to Apple App Store. To put it in another way, trademarking app store (which describes the functionality and purpose of the service 100%) is equivalent to trademarking webstore. Amazon is a webstore, for example (it sells stuff on the web). If Amazon trademarked Webstore, they would have been wrong, regardless of some users associating webstore with Amazon. Or another example: this is like Microsoft trademarking "Operating System" - then suing everyone who used the term.

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