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.
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