WHY MICROSOFT’S “APP STORE” BLOCK ATTEMPT WILL FAIL

January 12th, 2011 | Tags: , , , , , , , , ,

  

The Financial Times reports today that code business heavyweight Microsoft has filed a change with the US Patent and Trademark Office this week, objecting to Apple existence awarded the stylemark “App Store.”

From the Financial Times;

Apple practical to hit the constituent trademarked in 2008, presently after it launched its App Store for the iPhone. However, in a change filed with the US Patent and Trademark Office this week, Microsoft points discover that the constituent “app store” is utilised as a generic constituent by lots of companies to exposit the online retail activity utilised to delude ambulatory sound applications to consumers.

Microsoft lists added smartphone developers with App Store-like services (Research in Motion, Palm, Nokia, Samsung and, of course, Google) claiming that they apiece and every ingest the catchword “app store” in their marketing materials.

Microsoft stylemark jural authority writer Pangborn said that the constituent “App Store” was no assorted to generic cost same “shoe store” or “toy store,” and that it was “…a generic constituent [that is] commonly utilised by companies, governments and individuals. The constituent “app store” should move to be acquirable for ingest by apiece and every without emotion of reprisal by Apple.”

I don’t undergo most you, but as farther as I crapper remember, “App Store” isn’t a catchword I ever heard, thought, said, wrote or feature anywhere before it appeared for the iPhone. Since then, I’ve seen variations on the constituent materialize elsewhere as alternatives to (and clones of) Apple’s App Store as they hit launched on competition platforms — Google’s “Android Market” or Nokia’s “Ovi Store” and so on. In apiece case, I’ve ever intellection “Right then — that’s their edition of the App Store,” and mitt it at that.

So what just is Microsoft disagreeable to attain here? They’re suggesting that, because the media at super intend to apiece and every these things as “app stores,” Apple shouldn’t be allowed control of the phrase. I crapper exclusive wager digit reasons for existence fastidious most this;

  1. Microsoft doesn’t consortium its PR staff/agencies to refrain using the catchword “app store” in marketing materials (and thereby grappling the danger of jural state from Apple) or,
  2. Microsoft knows that, as farther as client perceptions go, “App Store” is a constituent substitutable with Apple’s broad calibre products and services, making it a valuable constituent in forthcoming marketing efforts. Or, place added artefact — “App Store” has whatever pretty glittery coat-tails that Microsoft wants to ride. After all, everyone has heard of the “App Store” — but who has heard of the “Marketplace”?

Granted, Microsoft had their Windows Mobile papers on understanding for eld before the iPhone was announced, for which third-party code was widely available. But Microsoft uncomprehensible a gimmick — as they so ofttimes do — by not sight an possibleness to streamline the impact of app discovery, acquisition and updates. That Apple did hit the providence to attain third-party covering hold an pleasant undergo was a insight in the smartphone business that Microsoft could hit delivered prototypal if they had exclusive been more focused.

I’m pleased they didn’t, nous you, or added a Microsoft app accumulation would hit been named “Windows Mobile Universal Application Platform Services” or whatever added much bunglesome mouthful.

As farther as I’m concerned, Apple should keep the trademark, since the Mac-maker deserves it. Apple did it first, and Apple did it best. Rather than symptom instance and money conflict narrow battles, Microsoft should instead centre on making their existing “Marketplace” much a compelling and easy-to-use assist for Windows Phone 7 users that no only one module even care if it’s referred to as an “app store” or not.

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