'Your writing's too small,' complains Microsoft in Apple trademark row

Posted by Emma Woollacott

Microsoft's brought out a new weapon in its ongoing trademark battle with Apple - typography.

Microsoft has been attempting to prevent Apple from trademarking the term 'App Store'. And it now claims that the font used in Apple's response to its opposition is too small. It's also too long, it says.

"Apple's response brief is 31 pages, including the table of contents and table of authorities, and on information and belief is printed in less than 11 point font," reads the motion to strike.

"Under the rules, Apple's brief cannot exceed 25 pages in its entirety, including the table of contents and table of authorities, and must be printed in at least 11 point font."

Apple first applied to trademark the term 'App Store' back in 2008, shortly after the store launched. Microsoft has been arguing that with 'app' and 'store' common English words, trademarking the combination would be overly generic.

Apple, meanwhile, is trying to convince the Patent and Trademark Office that the term is closely associated with Apple in the public mind - and pointing out that 'Windows', for example, is a similarly ordinary word.

The PTO has now suspended the legal process to give Apple a chance for a little editing. Perhaps feeling that it can't be bothered to wade through heaps more indecipherable paper, Microsoft is calling for the whole sorry mess to be sorted out over the phone.