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by patentnerd 5557 days ago
> He quotes Apple's legal papers in which they clearly state...

You mean he quotes Apple's attorney's quotation of a New York Times reporter? It's not quite so clear that this is Apple's statement, and reading the quote in context doesn't give the impression that Apple is claiming to have invented the concept.

> Saying that he fails to distinguish trademarks from patents is flat out wrong...

He seems to understand the difference but ignore it. He mostly argues that the concept of an app store pre-dated Apple's trademark filing. This is a patent-type argument in a trademark discussion, hence the confusion.

The only trademark law based argument he makes is that the term "app store" was generic. But without any evidence this conclusion is worthless.