In the legendary rivalry between Microsoft and Apple, there have been many subjects of dispute. But this may be a first. And no, the headline above is not from The Onion.

Microsoft, opposing Apple’s attempt to trademark the phrase “App Store,” today filed a motion with the U.S. Patent and Trademark Office to strike the iPhone maker’s latest filing in the case — saying that its response to Microsoft’s attempt to dismiss the case violated court rules that limit such briefs to 25 pages, and require them to be in at least 11 point 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,” reads the motion filed today by Microsoft’s lawyers, accusing Apple of manipulating the text to squeeze in more of its arguments against Microsoft’s opposition to the trademark application.

The company asks the trademark court to require Apple to file a new brief that “complies with the rules and does not add any new matter or arguments.”

Here is the Microsoft motion: PDF. And here is the Apple motion Microsoft is trying to strike: PDF

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  • Donario


  • Roy Leban

    I was trying to read this article, but the font size is too small.

  • William Michael Gary


  • Anonymous

    Nice, now thats what I am talking about. Wow.

  • MichaelBrianBentley

    This is straight out of the It Doesn’t Hurt To Ask Book of Shmexy Legal Strategies and Tactics For Ginormous and Brobdingnagian Corporations, Volume I. Probably the same dog-eared edition they had on hand for that little US vs MSFT chat they had a few years back.

    Will the typeface size tactic work? We’ll find out!

  • Anonymous

    That’s how it is in legal land. Attack everything you can in an attempt to wear your opponent down and drive his/her costs higher. It might not be right, but it’s how the game is played.

  • Don Synstelien

    Dear Apple… Might I suggest a Narrow font at 11 point ;-)

  • Darren Lee

    Facebook trademark the word ‘Face’ but aren’t these terms too generic for trademark. Technically possible I guess but should it be?

    • Yasir Alam

      Facebook trademarked the word face? Seriously? Where do you guys come up with this stuff?..

  • Erick

    By my measurement, Apple’s PDF is truly written in Times 11pt. How did Microsoft conclude otherwise?

  • Alg

    Just shows that going to Harvard does not mean you are bright. How does the Board allow Balmer to remain.

    • Guest

      He scored perfect on his Math SAT and got a scholarship to Harvard. How did you do?

      • Geekoid

        Yes, people assume he is stupid because he has sweaty pits and screeches like a monkey. He’s a nutcase, but that doesn’t reflect his actual intelligence.

  • Anonymous

    Are the guys over at MS really getting so old and grumpy that Font size is a big deal? gonna start calling Ballmer and Gates the Grumpy Old Men… maybe they’ll star in the movie remake in place of Lemmon and Matthau

  • Anonymous

    Microsoft’s lawyers have accused Apple of using too small font in Apple’s response to the proceedings of the App Store trademark. According to the Microsoft’s lawyers, the text was “unreadable.”

  • Black Knight

    MS is panicking, and well they should be. There system stinks, and their ability to keep up has failed.

    • Anonymous

      Wow, you’re lost aren’t you?

    • Anonymous

      Wow, you’re lost aren’t you?

  • Gunlubeck

    Microsoft should prevail in this action Ieverything is stupid and very expensive. Microsoft is PC based and OS driven… Ibuisness is just too much of a hog with a ever-exanding price tag.

    • Caduse

      Hmm. MS failed with Kin they failed with Bob they failed with Zune…this will be just another failure for them. MAYBE they should concentrate on their subpar product design (and objectives) instead of the size of type. I tried to type this in as small a type as I could so that Balmer and his cronies couldn’t read it. Go Apple, and Jobs et al!!

      • Yasir Alam

        Zune has failed? You really think so? I think Zune is on platforms than any other music service, and it’s not doing so badly for itself too I’d gather…

  • Guest

    ….or maybe Apple legal team could play fair and follow the rules which are designed to keep the focus on the issues, reduce the litigation/fees, etc. This is not at all new in the courts — happened in my divorce!

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