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Microsoft tries to fight App Store trademark on font size

updated 06:10 pm EST, Wed March 9, 2011

Microsoft moves to strike Apple response on font

Microsoft took an unusual tack late Tuesday in an attempt to get the upper hand over Apple in their ongoing App Store trademark dispute. A new motion to strike claimed that Apple's response to its motion to dismiss was invalid because it was too dense. At 31 pages in a small font, Apple's response broke the rules citing that the response had to be no more than 25 pages in 11-point or larger, Microsoft said.

The core of Apple's text was 25 pages, but the rule is supposed to include the table of contents and the authorities list.

Trademark appeal board attorney Cheryl Butler had suspended a briefing on Microsoft's motion to dismiss until it had an opportunity to review the objection.

Very specific word-related issues had been brought into the trademark dispute before by Apple in the response, but its argument had been more directly material to the case. It cited an online Corpus of Contemporary American English that showed 88 percent of references to "app store" being for Apple's portal.

Microsoft has argued that the term "app store" is too generic to be trademarked. Apple has argued not just that it's commonly associated with its own shop but that the term was a deliberate play on the word "apple." [via Reg Hardware]

by MacNN Staff



  1. imactheknife

    Joined: Dec 1969


    BALLless Ballmer

    having a twee yer olde tantrum....whaa!

    Comment buried. Show
  1. testudo

    Joined: Dec 1969



    I seem to remember Apple arguing against someone else's application with the same type of complaints.

  1. Parky

    Joined: Dec 1969


    comment title

    Good old Testudo!!

  1. Feathers

    Joined: Dec 1969


    If you can't...

    If you can't innovate - you imitate
    If you can't imitate - you litigate

    This has been Microsoft's modus operandi for about twenty years!

  1. OldMacGeek

    Joined: Dec 1969


    More than one way . . .

    They didn't specify what the margins were, or even the paper size, did they? Cool! Print that puppy on tabloid and it's golden! :)

  1. TomMcIn

    Joined: Dec 1969



    After paying $1B to get access to a washed up phone company, MS under Balmer is dredging the bottom to try and make some progress. And this from a company that calls it OS "Windows" and its RelationDB "MS SQL".

  1. Paul Huang

    Joined: Dec 1969


    SINCE WHEN did Microsoft become the expert on type

    Just put down Microsoft Publisher on the 'talent' list on the résumé and submit it to an ad agency. See how far it would go (deep into the trash can).

  1. spacecaveman

    Joined: Dec 1969


    The Dark Side is in "survival mode"...

    Negativity never pays off... The Dark Side is now in Survival Mode. However, it seems to always have been MS's favorite side... I remember reading Balmer's comment at the first iPad's introduction in this forum (must be in macnn's archives) saying that the iPad won't revolutionize anything and that the public will not have any interest of buying it... It said it was a wrong approach to tablets as there was no pen included to use the screen... Why don't they try to create innovative products like Apple does, instead of fighting for an extra seven pages of paper! BTW, using a condensed font should do the trick. Right?

  1. joecab

    Joined: Dec 1969


    if MS is bothered by font size...

    ... then we should all feel free to ignore their EULAs, right? ;)

  1. nat

    Joined: Dec 1969


    prog store

    they have programs. prog store it is. nuf said.

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