UPDATE: TTAB Denies Microsoft's Summary Judgment Motion in Opposition to Registration of Apple's APP STORE Mark
Microsoft's motion for summary judgment in its opposition to Apple's attempt to register its APP STORE mark ended with something of a whimper last week, with the TTAB denying the motion with essentially no substantive discussion. Details of the opposition proceeding and the parties' briefing on Microsoft's summary judgment motion can be found here.
Despite extensive briefing by the parties, the TTAB concluded that Microsoft had failed to show that there were no genuine disputes of material fact. In particular, with respect to Microsoft's claim that Apple's APP STORE mark is generic, the TTAB found "that genuine disputes of material fact exist, at a minimum, regarding how the relevant public primarily uses or understands the term APP STORE[.]"
The TTAB's opinion can be found here.
