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.


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