[ NNSquad ] Re: MS fighting Apple trademark on "App Store"

[Barry Gold <BarryDGold@ca.rr.com>]

On 1/11/2011 6:32 PM, Lauren Weinstein wrote:
> MS fighting Apple trademark on "App Store"
>
> http://bit.ly/eBnTMf  (IDG)

I can sympathize with Microsoft on "App" and "Store" being generic, but 
I have two thoughts on the subject:

1. You can combine two generic words to make a valid trademark -- as 
long as you capitalize them and *always* use them in a trademark context 
and with the appropriate TM or circle-R mark.  There's also a sort-of 
requirement that you be able to come up with a generic name for the 
class of things that your trademarked product is a member of, so that 
you could write, e.g., "Xerox dry copier" or "Kleenex facial tissues". 
If the only word you can find is your trademark, it's usually going to 
be found generic.

2. The article leaves me wondering about who used "App Store" first. 
I'm left with the impression that Apple started using the term first, 
and then other companies started using it.  If so, the supposed 
genericity of "App Store" would come from other people using Apple's 
term, and would not be a bar to the term becoming a trademark.

As always, I'm not a lawyer and this is just MHO.