Microsoft attacks the font size of Apple's App Store brief

The war between Microsoft and Apple regarding the use of the term "App Store" rages on, with Microsoft claiming that the term is generic and Apple countering that the term is short for "Apple Store." Last week, Apple filed a brief defending their use of App Store. Today, according to Geek Wire, Microsoft has filed their own motion to have Apple's brief struck from the records because it has too many pages and too small of a font.

On the surface, this argument sounds silly and desperate. On the other hand, the court puts rules in place for a reason and if a 25 page motion with 11 point font is all that is allowed to be filed, why should Apple be allowed to get away with a 31 page motion with a smaller font? Microsoft argues that this gives Apple the ability to make more arguments in defense of its trademark than should be allowed per the law and are requesting the court to dismiss the motion and require Apple to provide a new brief that "complies with the rules and does not add any new matter or arguments."

Apple maintains a complete list of terms and phrases that it owns trademarks/service marks for on its website. The company maintains that "App Store," "Apple Store" and "Mac App Store" are all registered service marks.

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