Microsoft on Apple's App Store counter argument: font is too small

By on March 10, 2011, 12:29 PM
Microsoft and Apple are still fighting over the trademark of the term "App Store." The battle just got a little bit more ridiculous: Microsoft today filed a motion (PDF) with the US Patent and Trademark Office (USPTO) to strike Apple's latest filing in the case, saying that Apple violated court rules that limit such briefs to 25 pages, and require them to be in at least 11 point font, according to GeekWire.

Apple's response (PDF) to Microsoft's attempt to dismiss the case was too long and its font too short (no this is not an early April Fools' joke). "Apple's response brief is 31 pages, including the table of contents and table of authorities, and on information and belief, is printed in less than 11 point font," Microsoft's motion reads. The software giant's lawyers are accusing Apple of manipulating the text to squeeze in more of its arguments against Microsoft's opposition to the trademark application. Redmond is asking the trademark court to require Cupertino to file a new brief that "complies with the rules and does not add any new matter or arguments."

Two months ago, Microsoft asked the USPTO to reject Apple's application to trademark the term "App Store" because it is too generic. Earlier this month, Apple countered back by reminding Microsoft that it successfully trademarked "Windows" a few decades ago.





User Comments: 20

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Guest said:

Microsoft are right here there was a limit set for a reason, break that rule and where would it end? 6point, 1/2point? Print it small enough and you could get a novel on 25 pages, there has to be limits to these things.

Guest said:

Oh yeah and the whole "windows" is generic too argument is bull***t too, it is not the same as app store

App Store = Application Store

Windows = Operating System

Apple would have a point if microsoft called its operating system "operating system" then tried to sue anyone using that name in their product.

BTW I think both companies are bloated asshats.

Lurker101 said:

This is just ridiculous and just screams of "the company lawyers really do have nothing better to do right now"

Guest said:

Brilliant! I love it!

yRaz yRaz said:

Guest said:

Oh yeah and the whole "windows" is generic too argument is bull***t too, it is not the same as app store

App Store = Application Store

Windows = Operating System

Apple would have a point if microsoft called its operating system "operating system" then tried to sue anyone using that name in their product.

BTW I think both companies are bloated asshats.

Don't forget that it is "Microsoft Windows" not just "Windows." Same with "Microsoft Office."

App store is too generic of a term considering that all programs on smart phones and similar devices are referred to as "apps." The word "app" has turned into more of a cultural thing than anything else. I figured out a loophole though, just use a peroid at the end of app making it short for "application."

"App. store" FTW

dunebeetle said:

2nd Guest right on the money, "Windows" has absolutely nothing to do with an operating system.

bakape said:

Guest said:

Brilliant! I love it!

Indeed!

Relic Relic, TechSpot Chancellor, said:

This is usually an issue in classrooms, but mainly the reverse. Did they manipulate margins too? =P

Guest said:

Well Apple name is the most generic one in this case they should be sued and forced to change their name from Apple into something less generic like Crapware or at least another fruit like Banana.

Old Apple > new Banana.

gwailo247, TechSpot Chancellor, said:

Relic said:

This is usually an issue in classrooms, but mainly the reverse. Did they manipulate margins too? =P

LOL..."Webster's dictionary defines trademark as..."

princeton princeton said:

Relic said:

This is usually an issue in classrooms, but mainly the reverse. Did they manipulate margins too? =P

LOL. Yah I'm guilty of using size 18 font at times.

It isn't really ridiculous though. Apple broke a rule that exists for a reason.

yukka, TechSpot Paladin, said:

Would Microsoft let Apple call OSX 11 "Apple Windows 11"?

just asking

princeton princeton said:

yukka said:

Would Microsoft let Apple call OSX 11 "Apple Windows 11"?

just asking

No. Because that would be using a name that could cause confusion.

TeamworkGuy2 said:

Lawyer with microscope and ruler:

"u hu, just as I though the, the margins on this court appeal are about half a millimeter to small on every page. Regulations state that margins should be 250 millimeters. SUE THEM"

Guest said:

To be honest, I've done what Apple has done before on some reports. Given a strict page limit (e.g. "I won't read anything on the sixth page"), I've actually shrunken the font and decreased the margins to fit more content in it.

That being said, there's no way in hell I'd do this for a legal document. A brief is a brief, not the actual case. THAT needs to be deliberated and argued from multiple directions, not dictated by the momentum of a single viewpoint.

matrix86 matrix86 said:

Yeah, i'm with MS on this one. There's a reason the courts set up those rules.

But seriously, why can't Apple be more creative with a name. I mean, "iApps" instead of "App Store" sounds like something right up there ally. They have "iTunes", the Apple music store, so what's wrong with "iApps", the Apple app store? Come on Apple, i'm an ***** and even I came up with something better that made sense.

Maybe these 2 companies lawyers have nothing to do. Maybe they were sitting around one day with their paddle balls and decided "hey, let's start a new war over something stupid."

TrekExpert TrekExpert said:

Guest said:

Well Apple name is the most generic one in this case they should be sued and forced to change their name from Apple into something less generic like Crapware or at least another fruit like Banana.

Old Apple > new Banana.

old Apple > new Lemon

"Leaves a sour taste in your mouth "

I also agree with Microsoft on this one. Apple shouldn't be aloud to break the rules as it gives them an obvious advantage.

Staff
Rick Rick, TechSpot Staff, said:

TrekExpert said:

Apple shouldn't be aloud to break the rules as it gives them an obvious advantage.

I think the advantage is far less than obvious, but I do agree with you - Apple needs to play by the laws. Documents DO require a certain type size and even type face in certain states. All companies should meet those laws even if they sound insignificant.

Guest said:

Or maybe

App store = Apple store

Windows = Things I look through in my house....

olibenu said:

dunebeetle said:

2nd Guest right on the money, "Windows" has absolutely nothing to do with an operating system.

is this sarcasm?

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