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HUFFPOST SUPER USER
Paul108
04:05 PM on 01/13/2011
All Apple has to do is say that "App" is short for "Apple," and Microsoft will *want* to think of a different name.
03:58 PM on 01/13/2011
Microsoft should just use another abbreviation for "application" and open an "Appl Store". :)
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HUFFPOST SUPER USER
JCurley
Suddenly it makes sense! Nothing makes sense.
09:54 PM on 01/13/2011
LMAO. I love it!
03:57 PM on 01/13/2011
Fight it out, gens. I don't use either OS (at home). ;-)
05:07 AM on 01/14/2011
you are a minority
03:19 PM on 01/13/2011
When Zuckerberg & Jobs have their civil union it will be Gates running screaming drag down the isle objecting to such a collaboration.
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HUFFPOST SUPER USER
diondatta
03:02 PM on 01/13/2011
here's one to copyright, " i-snobs".
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HUFFPOST SUPER USER
diondatta
03:00 PM on 01/13/2011
"App Store" is simply short for "Application Store" and is generic in nature. Apple should have to prove that they created it rather than simply started using it by a certain time. There are many general, slang and abbreviated terms in the English language that would be silly to try to copyright. it comes down to laziness and greed.
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HUFFPOST SUPER USER
Dylan Henrich
02:47 PM on 01/13/2011
Apple shouldn't have an "App Store" trademark any more than Microsoft should have a "Windows" trademark.

In any case, Windows would have stronger standing than App Store. When somebody talks about Windows in a technology context, it's universally understood to be referring to the Microsoft series of operation systems.

"App store" is used as a generic term (as opposed to "App Store" -- similar to Windows vs. windows), referring to a place where you can buy apps (which is used generically, no matter what Apple says) for whatever device the app store is targeted towards. If there was ever a court case about the term 'app store,' the trademark would undoubtedly be genericized, just as Windows almost was.
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HUFFPOST COMMUNITY MODERATOR
DRaymond
Network administrator, voiceovers
02:42 PM on 01/13/2011
It would seem to me that Apple would have to claim that they own the word app in order to have a reasonable rationale for owning the word app store.
 
Trademarks are created by use and maintained by active defense.  Registering the trademark is only a requirement for suing for infringement in federal court.  In other words if Apple allowed others, such as Android, to use the term App Store without objection then they have lost the trademark.  Part of the problem may well be that the press, and possibly also Apple have been using the term genericly, So for example Apple communications that compare how many apps are in their App Store versus the number of Apps in Android's app store may cause them to lose the trademark of the words alone.  Not that you do not have to own a word in order to own a trademarked presentation of the word.  So for example Toys-R-Us does not own the letter R but does own using it as a substitute for the word are in the middle of a business name.
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HUFFPOST SUPER USER
Dylan Henrich
02:51 PM on 01/13/2011
"It would seem to me that Apple would have to claim that they own the word app in order to have a reasonable rationale for owning the word app store."

I agree. And their claim would be roundly rejected. I can put apps on my Samsung. You can put apps on your Andriod. To claim that suddenly adding 'store' makes the term Apple-only is stupid. I think the shoe store analogy in the article is spot-on.
03:34 PM on 01/13/2011
It that the same as MicroSoft owning the word 'windows' because no one every used the word 'windows' before MicroSoft invented it?
As you point out, Toys-R-Us owns the use of the letter R in place of the word 'are'? So when I type the letter r in place of the word are in a text message I'm in violation of their ownership?

I guess the main question is when, prior to 2008, did you use the phrase 'App Store' ... and why didn't you copyright it?
05:07 PM on 01/13/2011
No one used Windows to refer to an OS. Many people used "app" to refer to an application. Toys R -Us, doesn't own such a trademark, except in store names.
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HUFFPOST COMMUNITY MODERATOR
DRaymond
Network administrator, voiceovers
04:25 AM on 01/14/2011
Trademarks, even trademarks of a word, only apply to a particular commercial space.  So for example Microsoft 'owning' Windows doesn't mean that Pella or Andersen cant sell windows for your home.
 
Trademarks are not the same as copyrights.  Simply using a word does not create a trademark.  Trademarks involving using is in a particular commercial context.  The problem is that if you have allowed something to become a general term in the same commercial space, such as people talking about android apps and blackberry apps then you can't claim to own app and thus the ability to claim ownership of app store becomes problematic because where else would you shop for apps?
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studioh!
HuffingbookPost: no comments
02:42 PM on 01/13/2011
internet? explorer?
03:35 PM on 01/13/2011
windows? word?
05:04 PM on 01/13/2011
It's Microsoft Word, the word "Microsoft," is essential to their trademark. No one says Apple can't trademark "Apple App Store."
02:40 PM on 01/13/2011
Apple has grown and become obnoxious enough that MS is now truly the underdog.

Here is to the underdogs.

Go get em.
04:21 PM on 01/13/2011
This has happened before. Apple sued Microsoft over Windows 3.1 that it had the "look and feel" of the Macintosh. Actually, both of them stole the ideas -- Mouse, icons, a few standard keyboard commands like Ctrl-C and Ctrl-V -- from Xerox PARC which gave public demos of the technology that would go into the new Xerox computer. The Xerox computer that was never built.

Anyway, Apple lost the case. But it also lost its hippy-go-lucky insanely great image.
02:37 PM on 01/13/2011
Soup to nuts...same thing...

But personally I think Apple should name all of their products with the prefix “cult”…if that is already used, then “sheeple” or products for the "sheeple of the clut”…
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HUFFPOST SUPER USER
wonmean
University of Michigan Class of 2010
02:33 PM on 01/13/2011
What does Google call theirs on the Droid?
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Bogey907
Like any other man, only more so.
02:46 PM on 01/13/2011
Marketplace
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HUFFPOST SUPER USER
wonmean
University of Michigan Class of 2010
08:28 PM on 01/13/2011
Ah, thank you.
HUFFPOST SUPER USER
omg wtf lol bbq
02:50 AM on 01/14/2011
I'm surprised that Microsoft isn't going after Google, since there was already a "Windows Marketplace" well before the smartphone really took off.
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HUFFPOST SUPER USER
Dylan Henrich
02:58 PM on 01/13/2011
Google also has Google _Apps._
olddognewtrick
Half full or half empty...It's the same
02:32 PM on 01/13/2011
The Breeder's College? Good old F**k U...
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Littlewords
Micro font for main bio not available
02:25 PM on 01/13/2011
Wow, I thought the 2 words were going to be....

King Monopolist
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blaising
Greetings from Florida!
02:24 PM on 01/13/2011
I've been using Macs and Windows boxes for decades. Windows has always called computer software "programs"...Apple has always called them "applications". It follows that Microsoft should have used the term "Pro Store", or something like that.

Unfortunately, Ballmer couldn't innovate his way out of a box. He's been copying Apple for years now. Microsoft, today, is about as hip and cool as a fade haircut and harem pants.