Microsoft isn’t happy that Apple has a trademark for the term “App Store” and are trying to get it thrown out. In a motion for summary judgement filed with the Trademark Trial and Appeal Board, Microsoft’s lawyers said:
“Any secondary meaning or fame Apple has in ‘App Store’ is de facto secondary meaning that cannot convert the generic term ‘app store’ into a protectable trademark. Apple cannot block competitors from using a generic name. ‘App store’ is generic and therefore in the public domain and free for all competitors to use.”
It’s hard to disagree with Microsoft on this, though Apple seems to think the term has two meanings: Application Store and Apple Store, and that App Store is obviously a reference to both.
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