"Apple denies that, based on their common meaning, the words 'app store' together denote a store for apps," Apple said in a Thursday filing with a California district court.
Apple has been fighting several tech giants on this point lately. In March, Apple sued Amazon over its Amazon Appstore, arguing that Apple has the exclusive rights to the phrase because of its iTunes App Store. Apple has targeted Microsoft on similar grounds.
Last month, Amazon responded to the suit, arguing that the term "app store" is generic and that Apple should not be allowed to use it exclusively. Amazon cited the American Dialect Society, which recently voted "app" as the Word of the Year for 2010, noting "that although the word 'has been around for ages,' it 'really exploded in the last 12 months,' with the arrival of 'app stores' for a wide spectrum of operating systems for phones and computers.' Indeed the words 'app store' are commonly used among many businesses in the app store market," Amazon argued.
Apple is not buying it, at least not publicly. "Apple denies that the words 'app store' are commonly used among many businesses to describe mobile software download services and further denies that the term 'app store market' is used to describe the market for mobile software download services," the company reiterated in response to Amazon's filing.
"It's on like Donkey Kong, beeyotch."
Sorry, Stifler, but not anymore. Not since Nintendo decided to make the phrase "it's on like Donkey Kong" a permanent staple of their company.
However, if Nintendo had decided to trademark this phrase a few years ago they would've been able to cash in on the phrase's popularity, but it's not quite at the height that it was around the time that the Stif-meister brought it to mainstream popularity in American Wedding.
This decision to now trademark the phrase comes on the heels of the announcement of Donkey Kong's return to the gaming world in the appropriately titled Donkey Kong Country Returns for the Wii.
Lets all have a moment of silence for "it's on like Donkey Kong". Perhaps a new saying will emerge? "It's on like Banjo Kazooie", just sayin'...
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