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Microsoft argues App Store is too generic

The new Verizon Wireless version of the iphone is on display for members of the media to view and touch at Verizon's iPhone 4 launch event in New York January 11, 2011. UPI/John Angelillo
The new Verizon Wireless version of the iphone is on display for members of the media to view and touch at Verizon's iPhone 4 launch event in New York January 11, 2011. UPI/John Angelillo | License Photo

SEATTLE, Jan. 12 (UPI) -- U.S. software giant Microsoft Corp. said rival Apple Inc. had no rights to a trademark for the words App Store, as both are generic.

Apple filed for a trademark on the term in July 2008, AppleInsider reported Wednesday. Microsoft has filed to block the trademark, saying the "undisputed facts" prove the terms "apps" and "store" are of such common use that they should not be controlled by one firm.

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Apple has sent letters to companies demanding they change names in some cases, Microsoft asserts. Yet, in the filing to block the trademark, Microsoft quotes Apple Chief Executive Officer Steve Jobs using the term in generic fashion, saying, "There will be at least four app stores on (rival operating system) Android which customers must search through to find the app they want and developers will need to work to distribute their apps and get paid."

"Microsoft would like the ability to use 'app store' to fairly describe its own retail store services for apps, but Apple asserts that such uses are infringements of its rights," Microsoft's filing says.

Microsoft opened Marketplace, its online rival to Apple's App Store, in 2010.

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