trademarks1's blog

30 Mar

Daily Memos; March 30, 2011

Microsoft submits a reply in support of its motion for summary judgment in the “app store” fight with Apple.

"Apple strains to keep “App Store” for its exclusive use, even claiming that its online stores are not real stores, only metaphorical ones. But Apple cannot escape the hard truth: when people talk about competitors’ stores, they call them “app stores.” You don’t have to look far to find this generic use – The Washington Post, The New York Times, The Wall Street Journal and even Apple’s CEO Steve Jobs. And generic use of “app store” is not obscure or occasional as Apple would have us believe. It is prominent, ongoing and, by Apple’s own measure, hundreds of times more frequent than the thin generic use in the cases upon which Apple relies."
The reply can be viewed here.

28 Mar

Daily Memos; March 28, 2011

Utah environmental activists fight over the trademark “Lakekeeper” (


Virginia Polytechnic Institute is suing Hokie Real Estate alleging infringement and dilution of the Institute's mark HOKIE. The Institute attempted to score an early victory by filing a motion for preliminary injunction.  The court, however, ruled that the plaintiff failed to prove its likelihood of confusion and dilution claims at this stage and denied the motion for injunction. A copy of the complaint can be viewed here:

The decision denying the motion for preliminary injunction is below:

Decision Virgina Tech Hokies

18 Jan

Can Apple Own Exclusive Rights to APP STORE?

Should Apple have exclusive rights to use the words "App Store" in Internet commerce? Apple certainly believes so, which is exactly why it filed its APP STORE mark application with the U.S. Patent and Trademark Office back in 2008.

Microsoft, however, believes that the words “App Store” are just generic dictionary words that cannot serve as a trademark for a store selling applications (or apps) and, therefore, anyone should be free to use these words to describe their online stores selling apps.
The opposition that Microsoft filed against Apple’s trademark application for APP STORE is heating up as Microsoft has recently filed a Motion for Summary Judgment.  I will not discuss the motion as good summaries thereof are readily available on numerous websites, Techflash and The Wall Street Journal being just two examples. 
A copy of the Motion can be viewed here:
23 Dec

Hilton and Starwood Settle Trade Secret Lawsuit

In 2009, Starwood sued Hilton for commercial espionage and stealing trade secrets. The case involved thousands of allegedly stolen proprietary documents, CDs, hard drives, development plans and other sensitive information and documentation. 

Those who expected to see a high stake courtroom battle will be disappointed as the parties have just settled the case. Washington Post provides more information about this suit.

If you are interested to read the original allegations, here are the complaint and the amended complaint.