The ongoing App Store trademark saga took a bizarre turn this week, with Microsoft demanding Apple’s recent motion to dismiss the case be rejected because the company’s lawyers used a tiny font. “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” the complaint suggests.
The correct format, Microsoft insists, would limit a response brief to under 25 pages, including all tables, and be printed in at least an 11 point font. However, there’s also the suggestion that Apple attempted to introduce new evidence within the response; Microsoft “asks that Apple be given leave to file a brief that complies with the rules and does not add any new matter or arguments.”
The complaint and – if approved – required resubmission will only prolong (and make more expensive) the process, in which Microsoft argues that “App Store” has become generic in its meaning and that the trademark should be yanked from Apple’s clutches. Apple responded by pointing out that “Windows” was similarly subject to interpretation.