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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Sabon
Member since:
2005-07-06

Using your logic, Microsoft should lose their trademark Windows then. I'm all for that.

Reply Parent Score: 2

WereCatf Member since:
2006-02-15

Using your logic, Microsoft should lose their trademark Windows then. I'm all for that.


Microsoft has trademark for "Microsoft Windows", which is obviously unique enough to be trademarkable. Just plain "windows" is too generic a term to trademark.

Reply Parent Score: 5

phoenix Member since:
2005-07-11

Which is why the trademark really should be for "Apple App Store" or "iPhone App Store" or "iTunes App Store".

"App Store" is too generic. Especially considering there are "app stores" available on:
* iOS devices
* BlackBerry devices
* Windows Phone 7 devices
* Android devices
* Palm devices
* various computer OSes
* probably other systems

The "App Store" trademark should never have been granted, and should be overturned.

Reply Parent Score: 5

olefiver Member since:
2008-04-04

I'm no expert on trademark law, but is there a difference between "windows" and "Windows"?

AND as Macrat pointed in the comments on this very news:

Remember what happened to the Lindows OS?

Reply Parent Score: 1

horatio Member since:
2007-08-09

Microsoft has trademark for "Microsoft Windows"

Microsoft's Trademarks page lists just "Windows"

http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/Tra...

I suppose they could be fibbing though.

Reply Parent Score: 1

rhavyn Member since:
2005-07-06

"Using your logic, Microsoft should lose their trademark Windows then. I'm all for that.


Microsoft has trademark for "Microsoft Windows", which is obviously unique enough to be trademarkable. Just plain "windows" is too generic a term to trademark.
"

Microsoft has a trademark for "Windows."

http://assignments.uspto.gov/assignments/q?db=tm&sno=74090419

Reply Parent Score: 3

Sabon Member since:
2005-07-06

"[q]Using your logic, Microsoft should lose their trademark Windows then. I'm all for that.


Microsoft has trademark for "Microsoft Windows", which is obviously unique enough to be trademarkable. Just plain "windows" is too generic a term to trademark.
"

Using your logic, Microsoft should lose their trademark Windows then. I'm all for that.


Microsoft has trademark for "Microsoft Windows", which is obviously unique enough to be trademarkable. Just plain "windows" is too generic a term to trademark. [/q]

Really? So that means I can create my own OS called, "Sabon's Windows" and Microsoft won't come after me because it doesn't say Microsoft in the name? Are you serious?

Reply Parent Score: 2

molnarcs Member since:
2005-09-10

Using your logic, Microsoft should lose their trademark Windows then. I'm all for that.

Oh for god's sakes, why is this so difficult to understand? You are not following her logic. An operating system can be named... well, just about anything. Android, Kubuntu, Medibuntu - I guess for every letter of the alphabet you could find an OS name. Windows is just as good as any, because it's an arbitrary name for an OS. However, an app store is ... well, an app store. Trademarking appstore prevents others referring to... well, an appstore (I guess you could call it "online software shop" but it doesn't exactly roll off your toungue, does it?)by it's common term. This is equivalent of Microsoft trademarking "Operating System."


That's the problem with this lawsuit.

Reply Parent Score: 3