Nokia joins Microsoft's “App Store” war against Apple
By Martin James on May 17,
 2011 at 00:00,

So when we say “App Store” do you think of Apple's App Store, or do you think of a store that sells apps? Admittedly, you may think of option C – “who cares?” – but it's a question keeping Nokia's lawyers fairly busy right now. We explain all after the cut.

There's no denying that Apple got there first with its App Store, but it has been attempting to formalise the process for years now by applying for an official trademark on the name over in the US.

Nokia's unsung heroes: Ovi Maps, Ovi Store, Ovi Chat

With only a Tentative Trademark in place that was left open to appeal, Apple instead turned to the EU and sought validation of its arguments via the Community Trademark office.

Back to the US, meanwhile, and earlier this year Microsoft stepped in and made just the argument that we suggested above, namely that “app store” is no more than the combination of two words meaning a store that sells apps, and so can't be trademarked at all.

The ensuing legal fight has been rumbling on for months now, but Microsoft has now decided to raise things to the next level, with Nokia's help.

It's decided to challenge Apple's existing EU trademarks on the terms, and it's managed to get Nokia, HTC and Sony Ericsson to file simultaneous objections alongside it in a Spanish court.

The move follows a recent countersuit from Amazon, which introduced its Android-based Appstore a couple of months ago, claiming the term was “unprotectable”.

“Today's filings by HTC, Nokia, Sony Ericsson, and Microsoft, like Amazon's recent action, demonstrate the breadth of opposition to Apple's unsupportable claim of exclusivity,” a Microsoft representative said of the latest objections.

“'App store', like 'toy store' or 'book store', is a generic term that should continue to be available for everyone to use for stores that sell apps.”

What do you think – is this an important point worth making a stand on, or do all these lawsuits simply divert time and resources away from where it should be – on developing products and services? Give us your thoughts in the Comments.

Via: Mobiledia