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Microsoft keeps gunning after Apple's 'generic' App Store trademark, brings in a linguistics expert
We'd say this was getting silly but that would imply that it wasn't already. Microsoft and Apple are still at each other's throat over the latter's trademark application for the term "App Store," with Microsoft now bringing in a Dr. Ronald Butters, Professor Emeritus at Duke University and a man with a taste for hardcore semantics. He says the compound noun "app store" is perfectly generic in that it "does not merely describe the thing named, it is the thing named." In a wildly geeky turn, he references the potential for someone discovering a use for masers and trying to trademark the term "maser store" in response, which would seem immediately and logically absurd. An app store, says the good doctor, is no more capable of being trademarked than a grocery store or a stationery store or a computer store. Of course, as with most trademark disputes, what's truly at stake here isn't linguistics, but a big fat wad of consumer goodwill. Having previously been quite uncomfortable with the idea of buying additional software for his mobile phone, Joe Consumer has nowadays grown quite accustomed to dropping little chunks of change on smartphone apps, and the terminology that sets his mind at ease most readily is indeed "app store." Preventing others from using that well established moniker would clearly be a significant competitive advantage for Apple and it's pretty hard to argue with its contention that it's responsible for generating the goodwill that sits behind it. Then again, we reckon Android's Market, webOS' admittedly small App Catalog, and other moves by the likes of RIM, Nokia and Microsoft itself with WP7, haven't done the app store cause any harm either, so in purely ethical terms it still seems a little rich for Apple to be claiming the app store crown all to itself. As to the legal battle itself, it's descending into quite amusing minutiae, but its outcome will be of great interest to most of the aforementioned mobile ecosystem purveyors.
Google files for Nexus One trademark
The mystery of the Nexus One continues to grow ever deeper, but we can pretty much confirm Google's planning to sell something under that name: the search giant filed an intent-to-use trademark application for "Nexus One" on December 10th, and in order to be granted the trademark registration it'll have to use the mark in commerce at some point in the future. Now, don't get too carried away -- sure, that could mean free unlocked GSM Android sets for all, but it could also just mean Google's planning to sell the Nexus One as its next-gen Android Developer Phone. Considering everything we've heard points to the device being limited to T-Mobile 3G, we'd say the developer phone theory is still the most likely, but it's all up in the air until Google provides a sample of the Nexus One mark being used in commerce to the USPTO -- or, better yet, announces something official. Update: Ruh roh. As we're sure you're aware, the "Nexus" name is a riff on Philip K. Dick's Nexus-6 replicants in Do Androids Dream of Electric Sheep? and ultimately in Blade Runner -- and his estate is none too pleased that Google's using it without permission. According to the New York Times, Dick's daughter -- who is in charge of licensing his work -- was never told of Google's plans, and she's contacted the lawyers now that she's found out. We're guessing Google can still make nice though: she says she would have been open to an agreement had contact been made earlier. So... let's get on that, guys. [Thanks, Amit]
Microsoft's new retail logo revealed in trademark application
You know how serious Microsoft is about those new retail stores it's currently building? New logo serious, fool. This artful rethink of the familiar Windows logo just popped up in a trademark filing saying it'll be used to identify "retail store services and online retail services" for computers, media players, cell phones, video games, and more. Sounds like this is one box you'll be seeing in person sometime soon.[Via PC World]
