TechFlash: Apple and Microsoft are battling over whether the phrase "App Store" is a generic term or whether it's a proper noun that applies only to Apple's App Store. A decision on the argument by the U.S. Patent and Trademark Office will determine whether or not Apple can trademark the name.
In the latest salvo in the case, Apple claims that Microsoft has failed to prove that the name is generic. "Having itself faced a decades-long genericness challenge to its claimed WINDOWS mark, Microsoft should be well aware that the focus in evaluating genericness is on the mark as a whole and requires a fact-intensive assessment of the primary significance of the term to a substantial majority of the relevant public," Apple says in the filing. "Yet, Microsoft, missing the forest for the trees, does not base its motion on a comprehensive evaluation of how the relevant public understands the term APP STORE as a whole."