There’s a lawsuit going on right now between Apple and Microsoft over the application by Apple to trademark the term “App Store” and it seems that silly season has hit.

According to Todd Bishop over at the new tech blog GeekWire it seems that Microsoft has filed a motion with the USPTO (US Patent and Trademark Office) to dump Apple’s latest filing in the case.

The reason why?

The font that Apple used in its brief was too small.

Yup. You read that right. The font was too small.

Now this isn’t a case that this would make the filing too hard to read but rather it allowed Apple to actually include more in its filing that if they had followed the filing guidelines as issued by the USPTO.

Apparently briefs to the USPTO are limited to 25 pages and the font used must be at least an 11 point font. In this case Microsoft is accusing Apple of using a smaller font so that they could include more of its arguments being presented to the USTPO. By using the smaller font Apple was able to squeeze in what amounted to 31 pages, including the table of contents and such, into the 25 page limit as required by the USTPO.

You gotta admit, this is pretty funny, but then the whole trademark application is stupid to begin with.

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  5. Is Microsoft purposely hamstringing its marketing efforts?