Apple Inc. v. Amazon.Com, Inc.

Filing 43

EXHIBITS re 39 Declaration in Support, Continuation of Exhibits filed byAmazon Digital Services, Inc., Amazon.Com, Inc.. (Attachments: # 1 25a, # 2 25b, # 3 26, # 4 27a, # 5 27b, # 6 27c, # 7 27d, # 8 27e)(Related document(s) 39 ) (Givan, Sarah) (Filed on 6/1/2011)

someone launches a store at which masers are central to that which is offered for sale,
that will be a maser store. The construction {NouN + store), in which the NOUN names
some type of goods or services offered for sale, is a productive process in which the
results are SEMANTICALLY TRANSPARENT— that is, in which the meaning of the resultant

compound is immediately obvious to the hearer. The term does not merely describe the
thing named, it is the thing named.
32.

Note in this connection the following paragraph from a February 2007

news story that Dr. Leonard found (but fails to mention) in his search of news sources
prior to Apple's March 6, 2008 App § -tore launch:
There are some other programs that we call app store checkout, which
will come later this year - much later this year - where we'll actually take
over the environment, where we can assist you as a developer in
transacting. So we'll bill for you, we'll provision for you, we'll collect for
you, and we'll pay for you because our vision of AppExchange is to create
a global set of developers that can sell and share their programs
throughout the world. 2
In this article, a transcript of a symposium organized by the major financial institution,
Goldman Sachs, Steve Cakebread, CFO, SALESFORCE.COM , describes a program
whereby Goldman Sachs intended to sell apps by means of an online marketplace to be
called an "app store." In terming their "AppExchange" marketplace an "app store," Mr.
Cakebread simply used "app store" generically—over a year before Apple opened its app
store with a blitz of publicity. Further evidence that app store was a generic term before
Apple ever used it is found in two trademark applications, one for APPSTORE and filed
in 1998,3 and another for APPSTORE filed in 2006.4
2

FD (Fair Disclosure) Wire, "Salesforce.com , Inc. at Goldman Sachs Technology Investment Symposium —
Final," February 28, 2007 (underlining added). See Dr. Leonard's "Exhibit 3, p19 [Document 24 of 31]."
3
Filed by SAGE NETWORKS, INC., August 26, 1998, Serial Number 75542841 for "providing computer
software application hosting services by means of a global computer information network, where such
services allow multiple users to rent software applications developed by applicant or third parties."
4
Filed by SALESFORCE.COM ,INC. JUNE 14, 2006, Serial Number 78907865 as "Application service
provider (ASP) featuring computer software in the field of business project management, business
knowledge, information and asset management, customer relationship management, e-commerce,
electronic messaging, and web site development."
14

Page 541

33.

This early usage of app store indicates that Leonard is not quite accurate

in his suggestion that Apple was the first to use the compound app store to describe an
app store. It is important also because this early usage also is clearly generic: the
compound was already inherent in the English language, awaiting only the occasion to
use it.
34.

One need give no thought to come to the conclusion that app store is "a

store at which apps are offered for sale." This transparency of meaning is owing to the
fact that [Noun + store] is a recognized, productive open paradigm that includes shoe
store, hardware store, grocery store, and a multitude of others.

35.

Dr. Leonard attempts to shore up his contention that app store is not

generic with a linguistic argument based on a fallacious contention that store is a
figurative use in the compound app store. Dr. Leonard argues (11149-51) that
.. the meaning of the word "store" [is] as a physical place where
things can be purchased.
In the context of an online service, however, the composite [sic]
use of "store" takes on a very different meaning from the definitions given
in dictionaries, which suggest a brick and mortar physical location where
customers enter a building to purchase goods. Instead, used in this context,
the term 'store' is used in a metaphorical sense.
Apple and other entities have transmuted the term "store" and have
metaphorically morphed "store" from a physical building .... into a
metaphoric non-physical store.
Dr. Leonard goes on to associate online stores with Amazon and eBay and opines that
store has been used in this manner since the mid-1990s.

36.

The first flaw in Dr. Leonard's argument here is that, if as he suggests the

term store has been in widespread use since the mid-1990s to mean "online store," and
has been used in this way by numerous entities, then the proper linguistic conclusion is
that it was no longer perceived as a metaphor in 2007, much less today.
37.

Secondly, all linguists know that words continue to be applied without

anyone thinking of them as metaphorical even though fashion and/or technological

15

Page 542

change has altered the entities to which they apply. Artillery remained artillery after it
stopped being made up of crossbows, and a microwave oven is still an oven. To say that
store in app store is a metaphor because in a former state of technology stores were not
accessed online is a morphing of the term metaphor beyond all acceptable definitions.
38.

Thirdly, if writers really thought store was a metaphor for 'online stores',

some of them—at least early on—would have followed the familiar journalistic practice
of putting the supposedly figurative word in quotation marks. I find no examples of app
store written as app "store" in any of the materials that Dr. Leonard presents.
39.

Fourth, the use of store as a non-bricks-and-mortar place predates the

internet. For generations, Americans bought goods from stores that advertised through
catalogues or media ads and then sent the goods by mail or courier service to the
customers. For example, see New York Times, September 26, 1973, p45 (underlining
added): "... major local department stores and leading national mail-order stores were
predicting a record sales volume, for the season" (ProQuest Historical Newspapers: The
New York Times (1851-2007; downloaded March 27, 2011).
40.

Finally, Dr. Leonard's summary of the dictionary evidence for definitions

of store is misleading. Dictionaries do not say that a store is a "physical place," as Dr.
Leonard says, but merely that a store is a "place." See, for example, The American
Heritage Dictionary of the English Language, 4th edition (2000; hereafter, "AH4"),
which predates by several years the launch of Apple's first app store:
store n. 1. A place where merchandise is offered for sale; a shop.

Furthermore, the AH4 definition ofplace does not confine the word to physical space, but
notes that it also may refer to an abstraction:
place n. 6. A position regarded as belonging to someone or something
else: Put yourself in my place. ... .. 9. The proper or designated role or
function: the place of the media in a free society.

16

Page 543

Dictionaries are not encyclopedias; the fact that no dictionary specifically mentions that
store may apply to mail-order stores or online stores cannot be taken to mean that such
readily inferable details of the sense are specifically excluded from the definition. Note,
however, that the New Oxford English Dictionary (2001) is even more expansive:

store n. 1 a retail establishment selling items to the public: a health-food
store.
This definition, from one of the most respected of American dictionaries, must be
construed to include stores that sell their goods online.

VIIL DR. LEONARD'S METHODOLOGY AND FINDINGS: DICTIONARY
DEFINITIONS OF APP STORE
41.

Dr. Leonard presents two sets of evidence that he says indicate that app

store is not generic. Both are without foundation and counter to elementary principles of
lexicography and/or other areas of linguistics.
42.

First (T36), he argues that, because app store is not listed in any of the

standard dictionaries he looked at, "to a linguist, this fact alone is evidence that a term is

not generic." Dr. Leonard's conclusion is wrong. As discussed above (1116), it is basic
understanding among linguists and lexicographers that, because of time, space, and
resource limitations, standard dictionaries are unlikely to define new words and multiword constructions. Because app store is relatively new and it is a two-word combination
whose meaning is apparent from the individual words, I would not expect it to be
explicitly defined in current standard dictionaries.
43.

Dr. Leonard's citation to one dictionary ("Merriam-Webster's

Collegiate"—not further identified) that defines drug store (11i36) does not support his
conclusion. Drugstore is spelled all as one solid word in the online version of MerriamWebster's Dictionary, thus suggesting that it is extremely commonplace. The same
dictionary, however, like other dictionaries, does not define such equally commonplace

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Page 544

generics as hardware store, candy store, toy store, computer store and stationery storewhich follow the same paradigm as app store.
44.

Dr. Leonard also cites an online-only reference-work in support of his

thesis that (1137) "the predominate [sic] usage of the term APP STORE is as a proper
noun." He identifies this as "Google's 'Definition of App Store on the Web„" which is
something of a misidentification, since the definition is merely Google's reporting of a
portion of a Wikipedia entry found at <en.wikipedia.orglwikilApp Store> (information
that Leonard leaves out of his citation in his report):
App Slop! GoopIP Starch

...•

ca

Web

Mapes Wleos PARai Maw

Google

•

ippinp Grnaa mare

Z.:ran in

Search

defineApp Store

Reiated phrase, tlugsmapp.;tora

winitions

AAA. 54,41winst,pd._ Arpin Hot Mena Mom PAlata.cen

pail luuo App

Ap? slurp

App Store oh the Web:

Tha 49310014 a **Nina kr ato IPPona, nil RaKh and Mad 10airkld tiY` APOO In
were 4:love1opel1 rata 1110 iPtarrne SOK and ptklistiad thro.K0 Apple. ..

aaara 10Ir-Potaa Ana claanlaaa apaiCA1PrA hem

Tunea S'gva that

711,2AUS14.4121.,e1,03,.§.PV
Find dnreitiOn$ 01 App Stara In: Chkraa ISImahriad; Chinato 4Tradtkola11 EnI, Franth Gamin IMii 14xnan Ruatian

idi lannaaqap

The entry that Google quotes and Leonard cites to from the image shown above has
apparently been revised (as happens frequently to Wikipedia entries), so that 1 was unable
to find the cited definition by clicking on the Wikipedia link that the Google quote cites.
What I found instead was an updated entry that confirms that app store is generic. After
discussing the "Apple App Store," it migrates to a discussion of app store as a generic
term (underlining added; footnotes removed throughout):
The Apple App Store is an app by Apple to download apps on an
Apple Device the iPhone, iPad Touch, iPad And Mac) offered by Apple
Inc. which allows users to browse and download applications from the
iTunes Store that were developed with the iOS SDK or Mac SDK and
published through Apple. Depending on the application, they are available
either for free or at a cost. The applications can be downloaded directly to
18

Page 545

a target device, or downloaded onto a PC or Mac via iTunes. 30% of
revenues from the store go instantly to Apple, and 70% go to the seller of
the app. The App Store opened on July 10, 2008 ...

After the success of Apple's App Store, and the launch of similar
services by its competitors, the term "app store" has been used to refer to
any similar service for mobile devices. However, Apple claims "App
Store" as a trademark. The term "app" has become a popular buzzword; in
January 2011, "app" was awarded the honor of being 2010's "Word of the
Year" by the American Dialect Society.
On October 20, 2010, Apple announced the Mac App Store ...
Thus the first of Leonard's sources contradicts his assertion that app store must be a
"proper noun" that refers specifically to Apple products. Further, the initial use of "App
Store" associates the term with Apple in a way that indicates that Apple is the trademark
and App Store is a generic part of the construction that is being defined (comparable to,
say, chocolate store in Godiva Chocolate Store or hardware store in Ace Hardware
Store). Moreover, the Wikipedia definition explicitly testifies to the genericness of app
store in noting that "the term "app store" has been used to refer to any similar service for
mobile devices."

IX. CONCLUSION
45.

It is clear from standard linguistic semantic and lexicographical analysis

that the compound noun app store means simply 'store at which apps are offered for
sale', which is merely a definition of the thing itself—a generic characterization. Such
dictionary sources as are available indicate that app store is generic.
46.

Dr. Leonard's three archival searches in fact all support the conclusion

that app store is generic, indicating as they do a very large number of generic usages. To
the extent that Dr. Leonard's searches could have been properly conducted and the results
properly tallied, they would have supported this conclusion even further. Microsoft's
Westlaw US ALLNEWS search, which looked for uses of "app store" in lower case
letters and is therefore freed from the presence of all branded uses of "App Store,"

19

Page 546

likewise strongly supports the conclusion that app store is generic, again in that the
Westlaw study indicated a very large number of generic usages.
46.

Dr. Leonard's assertion that app store is figurative or metaphorical is

simply wrong. It is generally accepted that app is not figurative or metaphorical, but
simply a clipped form of application. Standard linguistic semantic and lexicographical
analysis clearly indicates that store as used in app store is not figurative.
47.

In sum, all linguistic facts indicate that app store is a generic term.

I declare under penalty of perjury that the foregoing is true and correct.

Ronald R. Butters, Ph.D.
March 28, 2011
Durham, North Carolina

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Page 547

CERTIFICATE OF SERVICE
I hereby certify that on this 29th day of March, 2011, the foregoing REBUTTAL
REPORT: DECLARATION OF DR. RONALD R. BUTTERS IN SUPPORT OF OPPOSER
MICROSOFT CORPORATION'S MOTION FOR SUMMARY JUDGMENT was served upon
Applicant's attorneys of record by depositing same with the U.S. Postal Service, firstclass postage prepaid, addressed as follows:
Joseph Petersen, Esq.
Jason Vogel, Esq.
KILPATRICK TOWNSEND & STOCKTON LLP
14th Floor
31 West 52nd Street
New York NY 10019
Alicia Grahn Jones, Esq.
KILPATRICK TOWNSEND & STOCKTON LIP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309

Annette Baca

21

Page 548

DECLARATION OF
DR. RONALD R. BUTTERS

EXHIBIT 1

Page 549

CURRICULUM VITAE
Dr. Ronald R. Butters, Ph.D.
Professor Emeritus, English and Cultural Anthropology,
Duke University
•Former chair, Duke Linguistics Program
•Former chair, Duke Department of English

•Phone: [phone]
•Fax: [phone]
•e-mail: [e-mail]
•web site: http://trademarklinguistics.com/
mailing address: 1612 Bivins Street
Durham, NC 27707

March 29, 2011

Education
The University of Iowa, Iowa City, 1958-1962, degree: B.A. with Honors and Highest Distinction in English, June
1962. Phi Beta Kappa, 1961.
The University of Iowa, Iowa City, 1962-1967, degree: Ph.D. in English (with concentration in linguistics), August
1967.
Teaching and Administrative Experience
1967-1974, Assistant Professor of English, Duke University; 1974-90, Associate Professor of English, Duke
University; 1990-2007, Professor of English, Duke University; 2000-2007, Professor of Cultural
Anthropology, Duke University (secondary appointment). As of September 1, 2007, Professor Emeritus, Duke
University.
Summer 1986, Visiting Professor of English Linguistics, University of Bamberg, (West) Germany (Fulbright
award).
February 1989, Visiting Professor of English Linguistics, Cadi Ayyad University, Marrakech (Duke-in-Morocco
Program).
September 2005, Visiting Professor, International Summer School in Forensic Linguistic Analysis, Lodz, Poland
("Linguistic and Semiotic Evidence in a Death Penalty Case" and "Linguist Issues in American Trademark
Law").
September 2006, Visiting Professor, International Summer School in Forensic Linguistic Analysis,
Birmingham, England ("Linguist Issues in American Trademark Law: 2006" and "Linguistic and Semiotic
Evidence in American Death Penalty Cases").
1975-80, 1986-88, 1997-99, Director of Undergraduate Studies in English; 1981-84, Supervisor of Freshman
Instruction in English; Spring 1992 and Fall 2000, Acting Chair, Department of English; 1992-95, Associate
Chair, Department of English; July 1999—December 1999 and July 2005—July 2006, Interim Chair, Department
of English.
1970-72, 1976-77, 1982-96, 1999-2003, 2005-2006, Chair, Duke University Linguistics Program.
1999-2007, Co-Director, North Carolina State University—Duke University Doctoral Program in English
Sociolinguistics.
2010, Universitat Pompeu Fabra, Barcelona, Spain, May 10— 12, 2010. ["Trademarks": 9 hours of invited lectures.]
2011, Visiting Professor, International Summer School in Forensic Linguistic Analysis, Aston University,
Birmingham, England, July.

Teaching Areas
The structure of modern English and present-day usage; the history of the English language; sociolinguistics,
including American dialects, languages in contact, and Caribbean linguistics; language and law, linguistics of
trademarks; discourse analysis, pragmatics, and semiotics; introduction to literature.

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CURRICULUM VITAE, Ronald R. Butters, March 29, 2011

2

Editorial Experience

1969-76, Member o• the Associate Editorial Board, Papers in Linguistics; 1979, editorial referee, American Speech;
1980-81, member of the Editorial Advisory Committee, American Speech; 1983-90, member of the Editorial
Advisory Board, Jewish Language Review; 1985-90, member of Editorial Board, Journal of Metaphor and
'Symbolic Activity; 1981-95, editor, American Speech; 1996-2007, General Editor, American Dialect Society
Publications and Editor of Publication of the American Dialect Society (PADS, the monograph series); 1999—,
Editorial Advisory Board member, New Oxford American Dictionary; 2007-10, co-editor, The International
Journal of Speech, Language and the Law.

Publications and Presentations
1. Articles and Chapters of Books (those marked * were also presented at the indicated scholarly gatherings)
*"Lexical Selection and Linguistic Deviance," Papers in Linguistics 1.1 (1969), 170-81. [revision of paper read at
the Southeastern Conference on Linguistics meeting in Gainesville, FL, 1969]
"On the Interpretation of 'Deviant Utterance'," Journal of Linguistics 6.1 (Feb. 1970), 105-10.
"Dialect Variants and Linguistic Deviance," Foundations of Language 7.2 (1971), 239-54.
*"On the Notion 'Rule of Grammar' in Dialectology," Papers from the Seventh Regional Meeting, Chicago
Linguistic Society, Apr. 16-18, 1971 (Chicago: Chicago Linguistics Society), 307-15.
"A Linguistic View of Negro Intelligence," The Clearing House 46.5 (1972), 259-63. Repr. in Current Readings in
Urban Education. Ed. by Richard R. Heidenreich (Arlington VA: College Readings, Inc., 1972), 223-27.
"Competence, Performance, and Variable Rules," Language Sciences 20 (1972), 29-32.
"Results of Questionnaire [Concerning Variation Theory]," Lectological Newsletter no. 1 (1972), 1-11. [with Derek
Bickerton, Henrietta Cedergren, David Sankoff, Gillian Sankoff, Charles-JamesN.Bailey, &Ralph Fasold]
*"Acceptability Judgments for Double Modals in Southern Dialects," New Ways of Analyzing Variation in English.
Ed. by Charles-James N. Bailey and Roger W. Shuy (Washington, DC: Georgetown Univ. Press, 1973), 276—
86. [papers from the First Annual NWAVE Conference]
*"Black English {-Z}: Some Theoretical Implications," American Speech 48.1-2 (1973 [1975]), 37-45. [revision of
paper read at the Linguistic Society of America Winter Meeting in St. Louis, MO, 1971]
"The Basics in Grammar," Arizona English Bulletin 18.2 (1976), 42-44.
"Variability in Indirect Questions," American Speech 49.3-4 (1974 [1977]), 230-34.
"Why Teach Modern Grammar?" Questions English Teachers Ask Ed. by R. Baird Shuman (Rochelle Park, NJ:
Hayden, 1977), 143-54.
"More on Indirect Questions," American Speech 51.1-2 (1976 [1980]), 57-62.
"Narrative go ' say' ," American Speech 55.4 (1980), 304-7.
"Unstressed Vowels in Appalachian English," American Speech 56.2 (1981), 104-10. [revision of paper ("Towards
a Unified Perspective on Final Unstressed Vowels in Appalachian English") read at the South Atlantic Section,
American Dialect Society, 1978] Repr. in Dialect and Language Variation, ed. by Harold B. Allen and Michael
D. Linn (Orlando: Academic Press, 1986), 198-204.1
"Remedial English, Social Dialects, and the Academically 'Elite' University," Duke Univ. Academic Skills Center
Working Papers, 1980.
"A Comment on Sociolinguistics and Teaching Black-Dialect Writers," College English 43.6 (1981), 633-36.
"Do 'Conceptual Metaphors' Really Exist?" The SECOL Bulletin 5.3 (1981), 108-17. [first read as a paper at the
Southeastern Conference on Linguistics meeting in Richmond, VA, 1981]
"Another Point of View," Faculty Newsletter, Duke University 2.7 (Apr. 1981), 9.
"Dropping the /h/ from who," American Speech 57.2 (1982), 43.
"More on duck butter," American Speech 57.2 (1982), 107.
"Quotative like," American Speech 57.2 (1982), 149.
"On Language," The New York Times Magazine, 25 July 1982.
"Dialect at Work: Eudora Welty's Artistic Purposes," Mississippi Folklore Register 16.2 (1982), 33-40.
"Sunbelt English," The New York Times Magazine, 21 Aug. 1983, 11-12.
"Syntactic Change in British English 'Propredicates," Journal of English Linguistics 16 (1983), 1-7.
"Final Vowels in English," The SECOL Review 7.2 (1983), 1-12.
"-Ologies, -isms, and Dictionary Making," The Guide (Sept. 1983), 26-27. Repr. in the Los Angeles IkraldExaminer, 12 Sept. 1983.
"Talkin' Like a Native," The Guide (Nov. 1983), 21.

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CURRICULUM VITAE, Ronald R. Butters, March 29, 2011

3

"Three Traps that Prevent One From Thinking Straight," How to Think Straight Series, Office of the President,
Duke Univ., Jan. 1984.
"When is English 'Black English Vernacular'?" Journal of English Linguistics 17 (1984), 29-36. [first read as a
paper at the Tenth Annual NWAVE Conference, Philadelphia, 19811
"-Ologies and -ologists," American Speech 59.3 (1984), 266-67. [Stewart Campbell Aycock, 2nd author]
"Understanding the Patient: Medical Words the Doctor May Not Know," North Carolina Medical Journal (July
1985), 415-17. [Jeremy Sugarman, first author]
"Old Curiosity Shop," American Speech 60.3 (1985), 249. [on There you go! as an affirmative interjection]
"More on Irony Versus Sarcasm," The Metaphor Research Newsletter, 4.2 (1985), 4-7.
*"Existential and Causative have . . . to," American Speech 61.2 (1986), 184-90. [Kristin Stettler, 2nd author] [first
read as a paper at the 14th Annual NWAVE Conference, Georgetown Univ., 1985]
"More Medical Words the Doctor May Not Know," North Carolina Medical Journal (Dec. 1985), 384. [Jeremy
Sugarman, first author]
"The English of Blacks in Wilmington, N.C.," Language Variation in the South: Perspectives in Black and White.
Ed. by Michael Montgomery and Guy M. Bailey (Univ. of Alabama Press, 1986), 255-64. [Ruth M. Nix, 2nd
author; read in Columbia, SC, 1981; invited conference paper]
"Levels of Usage," chapter 1 lb of The Heath Handbook, 1 lth edition (1986), 118-23. [Revision of 10 th edition,
chapter 8d]
"Query: Sorry 'excuse me'," American Speech 61.1 (1986), 60.
"Hubba-hubba: Its Rise and Fall," American Speech 61.4 (1986), 363-65. [Phyllis Randall, first author]
"Thomas Wolfe's 'Esymplastic' Power," American Speech 62.1, (1987), 83-84.
"For the Nonce," American Speech 62.2 (1987), 176-77. [Cynthia Y. Krueger, first author]
"Old Curiosity Shop," American Speech 60.2 (1987), 184. [on wake 'hold a wake for' as transitive verb]
"Media Watch: Subreption of Pronouns," American Speech 62.2 (1987), 190-91.
"More on Singular y 'all," American Speech 62.2 (1987), 191-92. [Stewart Campbell Aycock, 2d author]
"Query: Crash space," American Speech 62.3 (1987), 241.
*"Verbal -s as Past-Time Indication in Various Narratives," Papers from the Seventh Annual Spring Linguistic
Colloquium, Linguistic Circle of the Univ.. of North Carolina, 21 Mar. 1987 (Chapel Hill: UNC Curriculum in
Linguistics), 9-18.
"American Instances of Propredicate do," Journal lEnglish Linguistics 20 (1987), 212-16. [Kazuo Kato, firstaithx]
"Linguistic Convergence in a North Carolina Community," Variation in Language: NWAV-XV at StanfordProceedings of the Fifteenth Annual Conference on New Ways of Analyzing Variation.
Ed. by Keith M.
Denning et al. (Stanford: Department of Linguistics, Stanford Univ., 1987), 52-60.
"The Problem of Special-Admission Undergraduates," The Academic's Handbook. Ed. by A. Leigh DeNeef,
Craufurd D. Goodwin, and Ellen Stern McCrate (Duke Univ. Press, 1988), 166-71. Repr. in The Academic's
Handbook, 2nd ed. Ed. by A. Leigh DeNeef and Craufurd D. Goodwin. (Duke Univ. Press, 1995), 211-15.
[Christopher Kennedy, 2nd author]
"Lesson," Collective Wisdom: A Sourcebook of Lessons for Writing Teachers. Ed. by Sondra J. Stang and Robert
Wittenberg (Random House, 1988), 348-49.
"The Historical Present as Evidence of Black/White Convergence/Divergence," Proceedings of the Sixth
International Conference on Methods in Dialectology, Bangor, Wales, 1987. Ed. by Alan R. Thomas
(Clevedon, England: Multilingual Matters, 1988), 637-49.
"Foreword," Displacing Homophobia. Ed. by Ron Butters, John Clum, and Michael Moon. South Atlantic Quarterly
88 (Winter 1989): 1-5.
"Cisatlantic have done," American Speech 64 (1989): 96.
"Are permafrost and vernalization Loan Translations from Russian?," American Speech 64 (1989), 287-88. [Viktor
V. Kabakchi, first author]
"Proactive: A New Meaning?" American Speech 65 (1990): 274.
"Highlighter: A Legally Generic Name?" American Speech 65 (1990): 340.
*"Multiple Modals in United States Black English: Synchronic and Diachronic Aspects," Verb Phrase Patterns in
Black English and Creole. Ed. by Walter F. Edwards and Donald Winford (Detroit: Wayne State Univ. Press,
1991), 165-76. [revision of a paper read at the 16th Annual NWAVE Conference, Austin, TX, 1987]
"More on short end of the stick," American Speech 66 (1991): 336.
"Whose Language Is It, Anyway? It Belongs to Thee," The Winter's Tale: An Interstate Adventure (New York:
Cornerstone Theater Co., 1991), 5.

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4

"Current Issues in Variation Theory," Verhandlungen des Internationalen Dialektologenkongresses Bamberg 1990,
Proceedings of the First International Congress of Dialectologists/Seventh International Conference on Methods
in Dialectology, Bamberg, Germany 29 July-4 Aug. 1990. Ed. by Wolfgang Viereck. (Stuttgart: Franz Steiner
Verlag, 1993), 3-36. [invited plenary lecture. 31 July]
*"If the Wages of Sin Are for Death: The Semantics and Pragmatics of a Statutory Ambiguity," American Speech 68
(1993): 83-94. [Revision of a paper read at the meeting of the Law and Society Association (session on
Linguists in the Judicial Process), Philadelphia, May 1992.]
"Free Speech and Academic Freedom," The Academic's Handbook, 2nd ed. Ed. by A. Leigh DeNeef and Craufurd
D. Goodwin. (Durham, NC: Duke Univ. Press, 1995), 81-90.
"Historical and Contemporary Distribution of Double Modals in English," FOCUS ON: The United States. Varieties
of English Around the World (Manfred Görlach, General Editor), vol. 16. Ed. by Edgar Schneider (Amsterdam:
Benjamins, 1996), 265-88. [Barbara Fennell, first author] "The Divergence Controversy Revisited," National Language Institutes Around the World—Diversity in Language
Issues. Proceedings of the First International Symposium, The National Language Research Institute of Japan,
20-21 Jan. 1994 [invited paper]. (Tokyo: The National Language Research Institute, 1996), 118-34.
"Auntie(-man)/tanti in the Caribbean and North America," Language Variety in the South Revisited. Ed. by
Cynthia Bernstein et al. (Tuscaloosa: Univ. of Alabama Press, 1997), 261-65. [Revision of a paper read at the
Conference on Language and Variation in the South, Auburn University, Apr. 1993; invited paper].
*"Dialectology and Sociolinguistic Theory," Issues and Methods in Dialectology. Selected Papers from the Ninth
International Conference on Methods in Dialectology, Bangor, Wales, 31 July 1996. (Bangor, Wales:
Department of Linguistics, University of Wales Bangor, 1997), 1-13. [invited plenary lecture]
"What Did Cary Grant Know About 'Going Gay' and When Did He Know it?: On the Development of the Popular
Term gay 'Homosexual'," Dictionaries: Journal of the Dictionary Society of North America 19 (1998), 188—
204. [revision of a paper read at The Dictionary Society of North America, Cleveland, Ohio, 22 July 1995; and
at The Third Lavender Languages and Linguistics Conference, American University, Washington, DC, 15-17
Sept. 1995; and as an invited lecture, Dept. of Linguistics, University of Iowa, Iowa City, Iowa, 28 Sept. 1995].
"Two Notes: The Origin of jaywalking; The Pronunciation of Foreign Loanwords in English," Comments on
Etymology, October 1999,20-21.
" 'What Is About to Take Place Is a Murder': Construing the Racist Subtext in a Small-Town Virginia Courtroom,"
Language in Action: New Studies of Language and Society. Essays in Honor of Roger Shuy. Ed. by Peg Griffin,
Joy Peyton, Walt Wolfram, and Ralph Fasold (Cresskill, NJ: Hampton Press, 2000), 373-99.
*"Semantic and Pragmatic Variability in Medical Research Terms: Implications for Obtaining Meaningful Informed
Consent," American Speech 75 (2000): 149-68. [Jeremy Sugarman and Lyla Kaplan, 2d and 3d authors]
"Washington Listens to Linguists," Newsletter of the American Dialect Society 32.2 (May 2000), 4. [Kirk Hazen,
first author]
"The 'Real' Meaning of millennium," American Speech 75 (Summer 2000): 111-2.
*"Conversational Anomalies in Eliciting Danger-of-Death Narratives," Southern Journal of Linguistics 24.1
(2000): 69-81. [ Revision of a paper read at the Southeastern Conference on Linguistics LXII, Spring Meeting,
Oxford Mississippi, 4-6 April 2000.]
"The Internationalization of American English: Two Challenges," American Speech 75 (Fall 2000): 283-5.
"Grammar," History of American English, Cambridge History of the English Language, vol. 6. Ed. by John Algeo
(Cambridge: Cambridge Univ. Press), 325-39.
*"Chance as Cause of Language Variation and Change," Journal of English Linguistics 29 (Sept. 2000), 201-13.
[Revision of a paper read at the Tenth International Conference on Methods in Dialectology, St John's
Newfoundland, August 1999.]
*"Literary Qualities in Sociolinguistic Narratives of Personal Experience," American Speech 76 (Fall 2001), 227—
35. [American Dialect Society Presidential Address, January 2001.
"Data Concerning Putative Singular y 'all," American Speech 76 (Fall 2001), 335-36.
" 'We didn't realize that lite beer was supposed to suck!' : The Putative Vulgarity of X sucks in American English,"
Dictionaries: Journal of the Dictionary Society of North America 22 (2001): 130-144.. [Revision of a paper
read at the meeting of the American Dialect Society, January 6,2000.]
"Preface," Handbook of Perceptual Dialectology, Volume II, ed. by Dennis Preston and Daniel Long.
(Amsterdam/Philadelphia: John Benjamins, 2002), xv—xvi.
*"Linguistic Change in Words One Owns: How Trademarks Become 'Generic'," Studies in the History of the
English Language II, ed. by Anne Curzan and Kim Emmons. Topics in English Linguistics. (Berlin/New York:

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Mouton de Gruyter, 2004), 111-23. [Jennifer Westerhaus, second author] [Revision of a paper read at the 2nd
Conference on the History of the English Language, University of Washington, Seattle, 23 March 2002].
"How Not to Strike it Rich: Semantics, Pragmatics, and Semiotics of a Massachusetts lottery ticket," Applied
Linguistics 25.4 (2004), 466-90. Reprinted (abridged) in Language in Use: A Reader, ed. Patrick Griffiths,
Andrew John Merrison, and Aileen Bloomer (Routledge, 2010), 47-58. [Revision of a paper read at the
Southeastern Conference on Linguistics, Memphis, Tennessee, 19 April 2002]
"Focusing and Diffusion / Konzentration und Diffusion," chapter 31 in Sociolinguistics/Soziolinguistik • An
International Handbook of the Science of Language and Society / Ein intemationales Handbuch zur
Wissenschaft von Sprache und Gesellschaft, 2nd compl. rev, and extend.; ed. by Ulrich Ammon, Norbert
Dittmar, Klaus J. Mattheier, and Peter Trudgill (Berlin: Walter de Gruyter, 2005), 283-88.
"Sociolinguistic Variation and the Law," chapter 12 in Sociolinguistic Variation: Theories, Methods and
Applications, ed. by Robert Bayley and Ceil Lucas (Cambridge: Cambridge University Press, 2007, 318-37).
*"Changing Linguistic Issues in U.S. Trademark Litigation," in Proceedings of the Second European IAFFL
Conference on Forensic Linguistics/Language and the Law, ed. by M. Teresa Turell, Jordi Cicres, and Maria
Spassova (Barcelona: Publicacions de l'IULA, No. 19, 2007), 29-42.
"A Linguistic Look at Trademark Dilution," Santa Clara Computer & High Technology Law Journal (vol. 24, no.
3, 2008), 101-13. [Revision of an invited presentation at the Conference on Trademark Dilution: Theoretical
and Empirical Inquiries, High Tech Law Institute, Santa Clara University School of Law, Santa Clara,
California, October 5, 2007]
"Trademarks and Other Proprietary Terms," chapter 16 in Dimensions of Forensic Linguistics, ed. by John Gibbons
and M. Teresa Turrell (Benjamins, 2008), 231-247.
"The Expert as Dictionary in American Trademark Litigation: the Putative Genericness of Opry," Southern Journal
of Linguistics 13.2 (2009): 13-29. [Jackson S. Nichols, second author].
"The Forensic Linguist's Professional Credentials," Symposium on Ethical Issues in Forensic Linguistic
Consulting, International Journal of Speech, Language, and the Law (2009), 16.2: 237-252. [Revision of a
presentation at the annual meeting of the Linguistic Society of America, Organized Session on "Ethical Issues
in Forensic Linguistic Consulting," San Francisco, California, January 2009.]
"Trademarks: Language that One Owns," in The Routledge Handbook of Forensic Linguistics, ed. by Malcolm
Coulthard and Alison Johnson (Routledge, 2010): 351-364.
"Linguistic Issues in Copyright Law," in The Oxford Handbook of Language and Law, ed. by Lawrence Solan and
Peter Tiersma. Oxford University Press. Forthcoming in 2010.
*"Signs Shall Be Taken for Names: The Commercial Meanings in American English of
.W.IldWeeth [checkered pattern]," in Treatise on Legal Visual Semiotics, ed. by Anne
Wagner, Sophie Cacciaguidi-Fahy and Richard Sherwin. Springer. Forthcoming in 2011. [Revision of a
presentation at the annual meeting of the American Name Society, Boston, MA, January 2004; session on
commercial names, R. Butters, chair]
"In the Profession: Forensic Linguistics," Journal of English Linguistics. [Forthcoming in 2011.]
"Forensic Linguistics: Linguistic Analysis of Disputed Meanings: Trademarks," in The Encyclopedia of Applied
Linguistics, ed. by C.A. Chapelle. Oxford, UK: Wiley-Blackwell. [forthcoming in 2013.]

2. Books and Monographs
The Death of Black English: Divergence and Convergence in White and Black Vernaculars. Bamberger Beitrage zur
Englischen Sprachwissenschaft, 25. Frankfurt am Main / Bern / New York: Peter Lang, 1989.
Displacing Homophobia: Gay Male Perspectives in Literature and Culture. Ed. by Ronald R. Butters, John M.
Clum, and Michael Moon. Durham and London: Duke Univ. Press, 1989. [reprinting, with modifications, of
SAQ 88.1 (1989); this book won the 1989 Conference of Editors of Learned Journals Best Special Issue award]
Dynamics of a Sociolinguistic System: English Plural Formation in Augusta, Georgia, by the late Michael Miller.
Ed. By Ronald R. Butters, William A. Kretzschmar, Jr., and Claiborne Rice. Thousand Oaks, CA: Sage
Publications, 1999. [Special issue of the Journal of English Linguistics]
3. Textbooks
Composition Guide, Duke University, Sept. 1983. 15 pp. 2d ed. Aug. 1984; 3d ed. Aug. 1985; 4th ed. 1986 (with
George D. Gopen), 29 pp.; appeared as Guidelines for Composition (with George D: Gopen), 1987-94, 32 pp.
[first appeared as "Stylesheet for Writing," Sept. 1982, 8 pp.]

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4. Reviews and Review Articles
Richard J. O'Brien, ed., Report of the Twenty-Second Annual Round Table Meeting on Linguistics and Language
Studies, Georgetown Univ. Press, 1971; American Speech 41 (1969 [1973]), 287-92.
William Orr Dingwall, ed., A- Survey of Linguistic Science, Univ. of Maryland Linguistics Program, 1971; and
Linguistics in the 1970's, Center for Applied Linguistics, 1971; American Speech 45 (1973), 122-29.
Charles-James Bailey, Variation and Linguistic Theory, Center for Applied Linguistics, 1973; Language Sciences,
April 1976, 32-35.
Walt Wolfram and Donna Christian, Appalachian Speech, Center for Applied Linguistics, 1978; Language 55
(1979), 460-63.
Paul Ricoeur, The Rule of Metaphor, tr. by Robert Czerny, Univ. of Toronto Press, 1977; and Samuel R. Levin, The
Semantics of Metaphor, Johns Hopkins Press, 1977; Journal of Linguistics, September 1980, 263-69.
Arthur Hughes end Peter Trudgill, English Accents and Dialects, University Park Piess,1979;American Speech 56(1981),
234-36.
Crawford Feagin, Variation and Change in Alabama English, Georgetown Univ. Press, 1979; Language 57 (1981),
735-38.
"Review Essay: Current Trends in Variation Theory," Language Problems and Language Planning, Fall 1985, 215—
27.
Cleanth Brooks, The Language of the American South, Univ. of Georgia Press, 1985; South Atlantic Review, Nov.
1986, 183-85.
W. J. Pepicello and Thomas A. Green, The Language of Riddles: New Perspectives, Ohio State Univ. Press, 1984;
International Journal of the Sociology of Language, 65 (1987), 112-15.
Viv Edwards, Language in a Black Community, Multilingual Matters, 1986; Language Problems and Language
Planning, 11 (1987), 220-24.
'
Mark Newbrook, Sociolinguistic Reflexes of Dialect Interference in West Wirral, Lang, 1986; English World-Wide,
8 (1987), 304-7.
Dennis Preston, Perceptual Dialectology, Foris, 1989; Language in Society 20 (1991), 294-99.
Henry Lewis Gates, Jr., The Signiiing Monkey, 1988; The SECOL Review 16 (1992), 204-7.
Max Travers and John F. Manzo, eds., Law in Action: Ethnomethodological and Conversation Analytic Approaches
to Law ( Socio-Legal Studies Series), Aldershot, Hants, England & Brookfield, Vermont, USA:
Dartmouth/Ashgate, 1997; Forensic Linguistics: The International Journal of Speech, Language, and the Law
7 (2000), 262-66.
Joshua A. Fishman, ed., Handbook of Language and Ethnic Identity, New York & Oxford: Oxford Univ. Press,
1999; Language 76 (2000), 921-23.
Edward Finegan and John R. Rickford, eds. Language in the USA: Themes for the Twenty-first Century. Cambridge
University Press, 2005 Language 83.4 (2007), 883-86.
Roger W. Shuy, Linguistics in the Courtroom: A Practical Guide. Oxford University Press, 2006. Language in
Society 37.2 (April 2008), 300-4.
Chris Hutton, Language, Meaning and the Law. Edinburgh University Press. 2009. To appear in Journal of
Sociolinguistics, 2011.
5. Brief Reviews
Maurice Leroy, Main Trends in Modern Linguistics, Univ. of California Press, 1967; South Atlantic Quarterly, Summer 1968,
569-70.
John Lyons, Noam Chomsky, The Viking Press, 1970; Richmond Times -Dispatch, July 11, 1971.
Leonard R. Palmer, Descriptive and Comparative Linguistics: A Critical Introduction, Crane, Russak and Company, 1971;
Choice, July—Aug. 1973, 654.
Paul R. Turner, ed., Bilingualism in the Southwest, Univ. of Arizona Press, 1973; Choice, Nov. 1973, 1434.
Martyn F. Wakelin, English Dialects, Humanities Press, 1972; Choice, Feb. 1974, 1862.
Bruce L, Liles, An Introduction to Linguistics, Prentice-Hall, 1975; Choice, Oct. 1975, 994.
Gordon Winant Hewes, Language Origins: A Bibliography, Mouton, 1975; Choice, Apr. 1976, 204.
Joey Lee Dillard, American Talk: Where Our Words Came From, Random House, 1976; Choice, May 1977, 364.
Ronald Wardhaugh and H. Douglas Brown, eds., A Survey of Applied Linguistics, Univ. of Michigan Press, 1978; Choice, June
1977, 527.
Carroll E. Reed, Dialects of American English, 2nd ed., Univ. of Massachusetts Press, 1977; Choice, Dec. 1977, 1354.

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