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Engadget logo now a thrilla in Manila

Even though your company might be based in Croatia, Malaysia, or scattered throughout US airports we're all linked together by a single common thread: Google image search and a penchant for the Engadget logo. The latest infringer of our beloved IP is E-pins Corporation, a self-described telecommunications contractor employing some 500 people in the Philippines. With staff like that you'd think they could hire their own graphic designer.

[Thanks, Jeffrey S.]

Mighty Mouse trademark awarded to Man & Machine, Mister Trouble can stop hanging around now (updated with analysis)

Trademark registration number 3691042, you just made someone very happy. This week, the US Patent and Trademark Offices awarded Man & Machine with the rights to the name "Mighty Mouse" when it comes to computer mice / "cursor control devices." So of the two peripherals shown above, it seems the beaut on the right is the one with legal claim to the moniker. Good thing, too, since its claims on "Cool Mouse" and "Really Cool [Mouse]" died just before Christmas last year. We gotta say, it looks as good of a time as any to replace the old point-and-click, eh Apple?

Update: Nilay here, with some trademark law nerdery for you. This trademark has a long and convoluted history, as you'd expect. CBS and Man & Machine actually both filed for the Mighty Mouse mark as it relates to computer mice in 2007 -- and CBS actually filed for it first, in May. Here's the kicker, though -- Man & Machine not only filed for this particular trademark in December of that year, but it also simultaneously sued Apple and CBS over their use of the name. Saucy! Both trademark applications were then put on hold while that case was sorted out -- and after two years of bickering, they finally settled the case and CBS abandoned its registration in June of this year, allowing Man & Machine to resume its registration. Since Apple and CBS were essentially precluded from opposing that renewed registration, it more or less sailed right through, and here we are. Simple, innit?

Oh, and for our occasionally misguided friends in the media: it's important to note that CBS and Man & Machine were the involved parties here, and they ultimately settled their dispute out of court. Apple was simply along for the ride, since its agreement was with CBS. If you're going to run with any sensational version of this, we'd suggest something along the lines of Apple screwing this up by not just buying Man & Machine for this mark years ago -- we're certain it would have been cheaper than the millions everyone's undoubtedly spent litigating this since. Got that? Good.

[Via TechCrunch]

Read - USPTO database entry for Man & Machine's "Mighty Mouse" registration
Read - Man & Machine's Mighty Mouse product page

Apple, Woolworths in Australian trademark dispute, media in hysterically confused panic

Oh boy. So if you haven't already seen some news on this, Apple's opposing the formal registration of the Australian grocery store Woolworths' logo, pictured above. We'll be honest: we saw this story when it was first reported last night by The Age, and we passed on it. Why? Because while we're not experts in Australian trademark law, we happen to have an ex-US trademark attorney on staff (cough), and the Australian system is similar enough to the US system that a simple notice of opposition just isn't that interesting. Here's what's really going on, outside of the sad media frenzy that surrounds anything Apple does: in both the US and Australian systems, a trademark registration is applied for with the appropriate federal agency -- the USPTO, or, in this case, IP Australia. After a period of review by that office for eligibility, it's then published for other companies to review and potentially oppose because it would cause confusion with their own marks. This is the fundamental essence of the trademark process, and every company with a major mark goes through it several times a year -- it's not a lawsuit, and there's no judge or jury, just the trademark examiner. Sure, there are some potentially meaningful and expensive consequences, but filing and responding to oppositions is something that any trademark attorney does quite frequently, and it's not like Apple's aggressively suing anyone here. It's just part of the process.

We'd also like to note that all these stories today have but a single source, and that Apple actually filed their notice of opposition in March but no one noticed until Woolworths talked to The Age. If we had to bet we'd say this is a tactical move by Woolworth's PR team to churn public opinion before a decision is issued -- and if it is, well, congratulations to them, because it certainly looks to us like the reality of this story has been totally overshadowed by the second, slightly more fictional story the tech media would like to tell. Sure, it'll be big news if Apple's opposition is successful and Woolworths registration is denied -- and we'll obviously cover it if it happens -- but chances are that Woolworths and Apple's highly-paid attorneys are going to quietly go through the trademark process and come out with an agreement, and we'll never hear about this again. Until the next time everyone gets this story wrong.

Update: Oh, and just to make this perfectly clear, Woolworths' application covers "Retailing and wholesaling services including... electronic stores," so there's definitely overlap here.

Update 2: You know, we've actually covered this exact same territory with Apple in the past -- will anyone ever learn?

Read - Original story in The Age
Read - Woolworths trademark filing 1258297
Read - Woolworths trademark filing 1258298

Smartbook AG (the company) follows in Psion's footsteps, issues cease and desist letter to website using the term 'smartbook'

Looks like smartbooks really are the new netbooks, after all. Aptly exemplifying déjà vu, German company Smartbook AG has issued a cease-and-desist to Netbooknews.de, claiming it owns the trademark and copyright on the term "smartbook" and that its use on the news site is damaging to the company's reputation and credibility. The letter demands that within two weeks all instances of the word be stricken from both the German and English-language versions, despite the latter being hosted in the US, outside of German jurisdiction. Of course, the logical thing would be to go after a company like Qualcomm who's been using the designation all along, and not the outlets who report on it, but why let a little common sense get in the way of some good ol' fashioned internet drama, eh Smartbook? By our count, it was almost exactly six months between Psion sending out its first cease-and-desist on "netbook" to media outlets and its eventual acquiescence and settlement with Intel, so consider the clock here officially ticking.

[Via jkOnTheRun]

Microsoft's new retail logo revealed in trademark application


You know how serious Microsoft is about those new retail stores it's currently building? New logo serious, fool. This artful rethink of the familiar Windows logo just popped up in a trademark filing saying it'll be used to identify "retail store services and online retail services" for computers, media players, cell phones, video games, and more. Sounds like this is one box you'll be seeing in person sometime soon.

[Via PC World]

Nokia throws "Xseries" into the ring, too?


You know the saying "where there's smoke, there's fire"? Yeah, well, this is kind of like that, except its.. uh, "where there's Cseries, there's Xseries." Stay with us: on Saturday we reported that Nokia had filed for a trademark on the "Cseries" name, ostensibly for a new line of smartphones, MIDs, or netbooks to complement its existing Nseries and Eseries lines. Now it seems the intriguing-sounding "Xseries" is in the mix, too, thanks to details coughed up by the EU's Office for Harmonization in the Internal Market. This particular mark was filed in Switzerland, but something tells us they don't just plan on selling some crazy new line of devices in the Alps, if you know what we're saying; like the Cseries, though, the question of what the Xseries is exactly remains to be answered.

[Via digitoday, thanks Pasi]

Nokia files for "Cseries" trademark -- but what's it for?


Those who follow Nokia know that its phone lineup is divided roughly into three segments: the Nseries, populated by high-end, media-heavy smartphones (plus the N770, N800, and N810 tablets); the Eseries, concentrating on business, and the four-digit line, which acts as a catch-all for anything not deserving of an Nseries or Eseries designation. It looks like Espoo could be prepping to add a fourth line into the mix, though, on news that they've gone ahead and trademarked "Cseries" in Finland. What "C" stands for is anyone's guess, but this does dovetail nicely with the near-constant stream of information suggesting Nokia will be driving hard with MIDs and netbooks later this year and next, so maybe the "C" stands for "computer." Of course, it could also stand for "crap," so we've just got to wait and see what becomes of this little moniker.

[Via puhelinvertailu]

Microsoft trademark application hints at cross-platform "OneApp" app store


Microsoft's attention may now be focused on Windows Marketplace, but a recently filed trademark application seems to suggest that the company could maybe, possibly have something even bigger in store for the future. As noted by istartedsomething, Microsoft is going after the name "ONEAPP" (or "One Application"), which it describes as a trademark for "online retail store services facilitating the download of computer software for use on mobile phones, media players and other portable electronic devices." Now, putting two and two together, that would seem to indicate that Windows Mobile phones and devices like the Zune HD would not only share a single branded app store, but the actual apps as well -- which isn't so much of a stretch, if not for the fact that Microsoft has already invested itself so heavily in Windows Marketplace. Then again, it could very well be just yet another name that Microsoft likes but has no real intention of using.

[Via istartedsomething, thanks Chris]

iPhone facing potential trademark issues in China?


Apple's on-again, off-again deal with China Unicom to officially bring the iPhone to China may still be up in the air, but it looks like it could now also be facing some trademark issues that could potentially further hold up its release. Apparently, China's Hanwang Technology owns the trademark for "i-phone" in the country, which could force Apple to make a deal with 'em before it enters the market (sound familiar?). Interestingly, Apple does actually own an "iPhone" trademark in China, but it apparently only covers computer hardware and software, while Hanwang's trademark covers mobile phones. According to Hanwang, however, the two aren't actually in talks just yet, and it's not saying what it plans to do if Apple decides to go crazy and announce a move into China without its blessing.

[Via mocoNews.net]

Psion relents: 'netbook' ok to describe chubby cheap laptops lacking power

As the world's attention turns from netbooks to smartbooks, Psion and Intel have ceased battle over use of the former term. Remember, this ridiculous case escalated to the point of Psion claiming $1.2 billion (billion!) in damages suffered as a result of infringement on its netbook trademark for a product few have heard of outside of the highly specialized supply chain logistics area. The "amicable" agreement reached with Intel has Psion voluntarily withdrawing its trademark. What wasn't said in the press release is how much money was extorted from the industry or the net effect on Psion sales from all the free publicity. Regardless, we're sure it's been a profitable exercise for Psion Teklogix. Now, could the obscure owner of the "smartbook" trademark please step forward to collect your prize?

[Via Slashgear]

Google and dozens of Android purveyors slapped with trademark lawsuit

Google and dozens of Android purveyors slapped with trademark lawsuit
Hold on to your positronic caps, readers. It seems our little green robo-friend may be in for a little bit of legal trouble. Erich Specht has sued Google and seemingly every company that has ever thought about using its mobile OS (like T-Mobile, Vodafone, Intel, Motorola, Samsung, and lots more) for infringing use of the name "Android." He's the owner of the trademark for Android Data Corporation, granted way back in October of 2002. Google came around and filed a trademark application for Android five years later and, wait for it, had that trademark application denied due to confusion with Mr. Specht's. In other words, it looks like Google and its Open Handset Alliance cronies are on the defensive and, seemingly, not on particularly firm ground. Specht wants damages and a name-change for Google's OS, and as of now we wouldn't be surprised if he got at least one of his wishes.

The rather uneventful (yet somehow exciting) evolution of Wii MotionPlus


Some recently unearthed European legal filings show us the timeline of development for Wii's MotionPlus. Well -- it shows us what could have been, anyway. The image, starting to the left, shows the oldest version, with an insanely hideous curve that was dispensed with in favor of an outwardly leaning shape in the next iteration, while the far right shows what we essentially ended up with: a tiny little lip that some theorize may be a design element intended to help keep the jacket in place. We'll say this much: we sure are glad they didn't use that initial design. Yuck!

[Via Joystiq]

Psion countersues Intel over netbook trademark, asks for $1.2b in damages


Well, this was sadly predictable. Following filings by Dell and Intel with the USPTO requesting that Psion's "netbook" trademark be canceled, Psion has filed a $1.2b countersuit against Intel, claiming that the chipmaker knew Psion owned the netbook mark but used it anyway. That's interesting because Intel's efforts to push "netbook" on the industry went basically nowhere from March until June of 2008 -- when Atom-powered laptops ran amok at Computex -- but we're guessing Psion doesn't care. As it has in the past, Psion claims that it's been selling Netbook-branded machines continuously since 1999, along with some interesting sales figures to back it up -- as Ars Technica notes, the numbers seem to add up oddly at all the wrong times, with $2m of Netbook accessories sold in 2006, three years after the product went off the market, and just 4100 total Netbooks sold over 10 years. We'll see how the court decides to pull all this apart -- it's certainly starting to look like a showdown's brewing, but we're still convinced that Intel and Dell have money, time and momentum on their side here.

Psion responds to "netbook" challengers, says it does so still sell the NetBook Pro


Well, it looks like the dust up between Psion and those using the "netbook" name to describe, um, netbooks, isn't showing any signs of going away anytime soon, with Psion now responding to Intel and Dell's latest charges by saying that, contrary to their claims, it does indeed still sell its NetBook Pro. According to jkOnTheRun, while Psion says it "can understand why people might have assumed that sales ceased a while back," it does in fact still sell the device, with the bulk of its sales being in the "highly specialized supply chain logistics area." As Psion points out, that continuation of sales is key to its argument to keep the trademark from becoming abandoned, and it says it has "all the invoices to prove multi-million dollar sales in the US in 2006 and sales that continue even to this day," adding that, "just because we're not selling tens of thousands through Best Buy doesn't mean we're not entitled to our trademark." That said, we're still a long ways from folks being forced to pay up or stop using the netbook name, although it's at least becoming clear that Psion isn't about to just let this one slide.

Intel also sues Psion over 'netbook' trademark, general stupidity


Intel has finally broken its silence regarding Psion's attempt to bludgeon the industry into submission with its trademark on the term "Netbook." Important stuff seeing as how Intel is credited with (re)introducing the term in its modern meaning back in March 08. Granted, it took awhile for the name to catch on (we asked you to name the emerging laptop category in May) but ultimately stuck with the deluge of Atom-based ultra-portables launched at the Computex show in June of 2008. Unsurprisingly, Intel's position essentially mirrors that of Dell although it was Intel that actually filed its lawsuit first: 1) the public already uses the term in a generic manner, and (2) Psion's Netbook has been out of production since 2003 with no intent of being reintroduced into the market. Stupid is as stupid does, right Psion?

[Via Electronista]

Read -- Intel sues Psion
Read -- Intel's "Thoughts on Netbooks" (March 03, 2008)
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