[PC-BSD Testing] AppCafe naming concern

Arthur A-Koziol at neiu.edu
Sun Feb 27 09:09:09 PST 2011


On 02/27/2011 10:24 AM, Ian Robinson wrote:
> Brief review:
>
> 1.  Apple calls its software store "The Apple Online Store" and "Apple 
> Store" (http://store.apple.com/us)
>
> 2.  The term "App Store" and "Mac App Store" are service marks (SM) 
> used by Apple.  (http://www.apple.com/legal/trademark/appletmlist.html)
>
> A trademark is a word, phrase, symbol or design, or a combination 
> thereof, that identifies and distinguishes the source of the goods of 
> one party from those of others. A service mark is a word, phrase, 
> symbol or design, or a combination thereof, that identifies and 
> distinguishes the source of a service rather than goods. The term 
> “trademark” is often used to refer to both trademarks and service 
> marks.  (http://www.uspto.gov/faq/trademarks.jsp)
>
> 3.  Apple has filed a trademark application for the phrase "There's an 
> App for That" 
> (http://www.patentlyapple.com/patently-apple/2009/12/apple-files-for-trademark-theres-an-app-for-that.html)
>
> 4.  It would take a lot of $$$ to fight Apple (They took on the 
> Beatles, yes), but we can watch the big boys fight this out as 
> Microsoft has challenged Apple's trademark efforts 
> (http://ttabvue.uspto.gov/ttabvue/v?pno=91195582&pty=OPP&eno=5 
> <http://ttabvue.uspto.gov/ttabvue/v?pno=91195582&pty=OPP&eno=5>) 
> saying, among other things, that "'App store' is a generic name that 
> Apple should not be permitted to usurp for its exclusive use. 
> Competitors should be free to use 'app store' to identify their own 
> stores and the services offered in connection with those stores."  The 
> blow-by-blow argument goes like this:
>
> “App Store” Is Generic for Retail Store Services Featuring “Apps”
>
> “App” Is a Generic Name for Software Applications
>
> "Store” Is Generic for Retail Store Services
>
> “App Store” Is Widely Used in the Trade as the Name for Online Stores 
> Featuring Apps
>
> “App Store” Is Widely Used in the General Press as the Name for Online 
> Stores Featuring Apps
>
> Competitors Use “App Store” to Identify Their Services
>
> Apple Founder and CEO Steve Jobs Uses “App Stores” to Identify 
> Competitors’ App Stores
>
> Consumers’ Use of “App Store” to Identify Competitors’ Retail Stores 
> Is Direct Evidence of Genericness
>
> “App Store” Is Generic for Retail Store Services Featuring Apps
>
> Consumer Awareness or Fame of Apple’s “App Store” Cannot Negate 
> Genericness
>
>
> (see Microsoft's Jan 10, 2011 Motion for Summary Judgment here: 
> http://ttabvue.uspto.gov/ttabvue/ttabvue-91195582-OPP-5.pdf)
>
>
> 5.  Perhaps ix systems should file its own application for a trade 
> mark or service mark now as "AppCafe" is an unusual if not unique and 
> previously unused "word."


Well, if AppCafe is too similar sounding to anything App could cobble 
together (and we already know how letigious Apple is), I'll throw my 2 
cents in with *SmorgAppsbord*. I give IXsystems fully exclusivity to use 
it. Ok, you can all stop laughing now. :-)

Arthur
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