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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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

WereCatf Member since:
2006-02-15

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


It has not been granted. Apple has indeed sought for the trademark, but it is still actually waiting for final decision on the matter as Microsoft has filed a complaint on it being too broad a term to be trademarked.

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

WereCatf Member since:
2006-02-15

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?
"

"Microsoft v. Lindows.com, Inc. was a court case brought by Microsoft against Lindows, Inc in December 2001 [1], claiming that the name "Lindows" was a violation of its trademark "Windows."

After two and a half years of court battles, Microsoft paid US$20 million for the Lindows trademark, and Lindows Inc. became Linspire Inc."

Taken from the relevant Wikipedia article at https://secure.wikimedia.org/wikipedia/en/wiki/Microsoft_v._Lindows

Ie. Microsoft actually didn't win the court case, they settled the thing and paid for Lindows for a name change.

Reply Parent Score: 5

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

WereCatf Member since:
2006-02-15

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?


Of course they can _try_, but as the Microsoft vs. Linspire case taught us they couldn't enforce trademark on "windows" or very similar terms.

Reply Parent Score: 2