Jobs’ Mob claims it owns the right to the words App Store because Steve Jobs thought of it first, he is a genius and the rest of the world smells of wii.
However, lawyers from Redmond have pointed out that the phrase is bloody obvious and you didn’t need to be a genius or particularly original to figure it out.
Microsoft is saying the term is generic and competitors should be able to use it.
Apple applied for the trademark in 2008 it would apply to every shop that including “retail store services featuring computer software provided via the internet and other computer and electronic communication networks” and other related offerings.
On Tuesday, Microsoft filed a motion for summary judgement with the agency’s Trademark Trial and Appeal Board, asking it to deny the trademark to Apple.
The Imperium declared that “app” is a generic term for what is sold at the App Store and that “store” is generic for retail store services.
They quoted a published interview that had Jobs saying “Amazon, Verizon and Vodafone have all announced that they are creating their own app stores for Android” as proof that even Steve thinks the term is generic.
Microsoft also said punters use the term “app store” to mean online stores where applications are sold.
Apple should not be permitted to usurp it for its exclusive use. Competitors should be free to use ‘app store’ to identify their own stores and the services offered in conjunction with those stores,” Microsoft said.