“App Store” is too common a name to be trademarked, and that is exactly the reason Microsoft has given on why it filed a lawsuit against Apple. According to the filing, the term should be allowed to be used by other companies, not just Apple.
Apple started its “App Store” while other companies have a different name for their online app site: Microsoft App Marketplace; BlackBerry App World; Nokia Ovi Store; Google Android Market. And apparently, Microsoft thinks it is unfair that Apple has trademarked “App Store” and cites reasons that ”App Store” is an everyday term that is too commonly used to be trademarked, and thus Apple should not be exclusive to the term.
“Apple cannot leverage its early success to prevent competitors from using this generic term for their own app stores,” according to the filing. While it seems like a fair statement, the software giant can also be seen as having the intent to use the term for its own, even though it already has its own App Marketplace. (Well, App Store does sound a lot better than App Marketplace anytime). So who will triumph in the end? Let’s wait and see.