trademarks
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iCloud Communications sues Apple for obvious reasons
You probably know the drill by now -- Cupertino introduces a new product with a name that ostensibly belongs to someone else, and for better or worse that someone decides to take Apple to court. Today, it's iCloud Communications charging out of the left corner to sock Apple's iCloud square in the wallet. Arizona-based iCloud Communications appears to be a VoIP equipment and service provider, though in court documents it claims to be a cloud computing company as well, and says that it's been using the term iCloud (and the above logo) to sell such services since 2005. It's asking the court to destroy all of Apple's iCloud marketing materials, pay damages and even invalidate the iCloud trademark that Apple bought from Xcerion -- the only registered iCloud trademark so far -- but what's probably going to actually happen here is a nice little settlement out of court. We'll let you know if there's any reason to break out the popcorn. [Thanks, Tamaine M.]
Sony 'PS Vita' logo appears on EU trademark registry filing
On friday, while no one was peeking, Sony Computer Entertainment was quietly filing to trademark the name "PS Vita" and a logo in Europe. But NeoGAF forum user B.D. noticed, and pointed out the Trademarks and Designs Registration Office of the European Union (breath) filing this morning, which again hints at the repeatedly rumored final name of Sony's codenamed handheld, the NGP. Additionally, Sony Computer Entertainment filed for the name "PlayStation Vita." Unfortunately, none of the listings specifically spell out what exactly the trademark is for -- each of the three listings denotes a wide range of potential applications, including gaming (and specifically handheld gaming). It's likely we'll find out what's what tomorrow evening, when Sony's E3 2011 presser kicks off, and the company is expected to put a final name on its upcoming handheld.
Samsung Galaxy S II US carrier names revealed: AT&T Attain, Verizon Function, and Sprint Within
Anticipation, thy name is Galaxy S II. Or is it Galaxy S 2 Attain? Perhaps it's Galaxy S 2 Function or Within, it all depends on what carrier you prefer, really. You see, the sleuths at Pocketnow have unearthed a silicone case for sale that lists those three names as the particular branding Samsung's new flagship smartphone will enjoy with AT&T, Verizon and Sprint, respectively. That, combined with earlier trademark filings by Sammy asking for Galaxy Attain, Function and Within registrations, would lead us to believe that we are indeed looking at the final product monikers. T-Mobile is notably missing from the list, but we suspect that may be because its variant of the Galaxy S II is materially different in design to the original GSII. The good news for everyone else is that the same silicone case will be interchangeable among AT&T, Verizon and Sprint devices, leaving very little room for those guys to screw things up.
T-Mobile snaps up 'SnapPad' trademark and domains, inadvertently teases tablet?
Companies register trademarks and domain names all the time to throw us off the scent, but somehow this one feels different -- DotWeekly reports that T-Mobile's made a bona fide landgrab for the word "SnapPad," buying up a host of domains and filing the trademark above, all within the span of just two days last week. Needless to say, we're envisioning a host of potential slates right now, all with magenta trim... and wouldn't it be fitting if they housed a speedy Snapdragon? We'll keep you posted.
HTC Arrive and Kyocera Echo bow for Sprint?
Okay, armchair sleuths, this one's for you -- we've got two very legit-looking logos here, but not a lot of proof. Our tipster tells us that both of these high-quality vector graphics are the names of upcoming devices for Sprint, with the HTC Arrive (née Ruby) allegedly an upcoming Windows Phone 7 device, while Kyocera Echo is apparently the retail name for the phone internally known as the Sanyo Orange. It just so happens that the trademark for "HTC Arrive" was registered the very same day we received this logo, so we think we're onto something here, but the truth of the matter is that all of these codenames are falling on virgin ears. [Thanks, anonymous]
HP files for 'HP Touchpad' trademark -- a possible name for the webOS tablet?
We can't conclusively link this to the upcoming Palm tablets, but HP just filed for a trademark on "HP Touchpad" across a wide variety of products and services ranging from memory cards to -- dun dun dun -- "tablet computers." We're liking it as a tablet name, though -- we've been getting the sense that the Palm name is on the way out, and "HP Touchpad" jibes nicely with the conspicuous lack of Palm branding on the invite for HP's February 9th webOS event. What's more, HP's already invested heavily in branding its laptop trackpads with the ClickPad name, so this seems like something else entirely. We've definitely come across headfake trademark registrations in the past, so we'll see what's going on here -- and whether this slow trickle of leaks ever turns into a flood.
Barnes & Noble Nook trademark applications offer speculation fodder aplenty
So you're Barnes & Noble and you have a successful product like the Nook -- what do you do? Trademark the heck out of the name, of course. As PocketNow has noted, the company's filed a number of Nook-related trademark applications over the past few months, which may offer some hints of future Nook hardware, software, or both. That unsurprisingly includes an application for "Nook2," which was first filed back in June, as well one for the name "Nook Smart" (possibly related to the existing Nook Study education platform?), and one for the impossibly catchy "Nook Cook." Unfortunately, it's not clear which (if any) of those might actually be the name of a new Nook device -- there's also a trademark application for "Nook Kids" with a description similar to "Nook2," for instance, but it may well just be for the company's Nook Kids store and iPad app. The most recent of all the filings is one for "Nooksellers," which appears to be for a combination in-store kiosk and online service that would offer personalized recommendations and various social networking tie-ins. Of course, there's nothing more than the trademark applications to go on at the moment, but it does certainly seem clear that the Nook name is here to stay.
Apple trademarks 'Express Lane' and 'VoicePass'
Apple has filed two new trademarks right before the holidays this week. VoicePass is the first one -- it's filed in the category of "construction and repair services," so it likely has to do with supporting broken devices. MacNN says that the VoicePass service is used when calling in to customer support -- certain customers in the US and Canada can have a support number recognized automatically by the phone systerm, avoiding having to identify themselves every time they call. So this likely isn't a new service or implementation -- Apple is likely just filing to cover a little-known service it already runs. Same deal with Express Lane, another trademark filed by Apple this week. Express Lane is Apple's streamlined product repair system, and the company has filed for a trademark on the name involving "web based support and diagnostic services by using resources and tools for computer software and computer hardware provided on-line and over telecommunications networks." Again -- this is a service that Apple already runs, but the company is laying claim to the names in these areas, just in case.
Sony Ericsson PlayStation Phone to be called 'Xperia Play'?
We've been hoodwinked by trademark filing and domain registrations before (cough, BlackPad and SurfBook) so we wouldn't say this is anywhere near definite, but we just caught wind of a Sony Ericsson EU trademark registration for "Xperia Play," and SE PR firm Jung Relations has registered a variety of Xperia Play domain names, including XperiaPlay.com, .net, and .org. Yes, that certainly sounds like a promising name for the PlayStation Phone (although not quite as promising as, you know, "PlayStation Phone,") but honestly we wouldn't bet on anything at this point. We've got a feeling we'll either find out either at CES or at MWC in February -- hold on tight. Update: Turns out SE also registered Xperia Arc, Xperia Duo, and Xperia Neo, so now our interest is definitely piqued. And our hopes are totally shatter-able.
So why did Facebook just trademark 'Face'?
Some hilarious overexcitement around the web today in response to the Trademark Office approving Facebook's application to register "Face" as a brand for online chat rooms and electronic bulletin boards -- obviously, this is Zuckerberg's grand plan to prevent any and all use of the word "Face" by mere mortals ever again, right? Right? Yes, you should all know better by now -- a quick look at the application history reveals what's really going on. The "Face" mark was originally applied for on December 1, 2005 by a UK company called CIS Internet Limited, which does business as Faceparty.com. (We're not making this up.) The original application covered everything from festival planning to dating services to text message systems, and around October of 2008 CIS filed to split the various categories up into separate applications -- one of which was for online chat rooms. That application was then immediately taken over by Facebook on November 7, and on November 17 Facebook officially swapped in its attorney. Two years later, here we are. That looks to us like Facebook's trademark team saw another social networking company go after the "Face" mark and decided to cut a deal to avoid any conflict in the future -- Facebook hasn't yet filed the Statement of Use required to actually register the mark, so it's not like they're doing much more than holding onto it right now. Plus, it'd be a pretty hard fight for Facebook to claim that any use of the word "Face" alone causes consumer confusion, so we don't see them starting a major legal offensive here. In fact, if you really wanted to get worked up about Facebook trademark shenanigans, you'd ignore "Face" entirely -- it's much easier to point out that the company's actually registered "Wall," and has multiple overlapping applications for "Poke" and "Like," all of which seem like much more generic (and abusable) social-networking terms. But what fun would that be?
HTC attempts to trademark 'HTC EVO Shift 4G'
What would you name your next superphone? HTC may be calling its device the HTC EVO Shift 4G, as that's the name its lawyers filed for trademark for on the 21st of last month. We can't say which particular gizmo the moniker refers to, though it evokes a Sprint leaning, as well as dredging up our suppressed feelings towards a certain QWERTY-equipped MID. Though, interestingly enough, the company applied for "HTC EVO 4G Shift" before changing the name to "HTC EVO Shift 4G." We'll let you draw your own conclusions about what that could possibly mean. [Thanks, Naval P.]
Judge strips Langdell of trademarks, doesn't award EA damages
Tim Langdell and EA have been bumping heads for a while now. As suggested last week, Judge William Alsup has approved a move to cancel Langdell's collection of "Edge" trademarks after he lost a legal battle with EA, concerning "Mirror's Edge." All parties must furnish their own court costs and EA will receive no damages, GamesIndustry.biz reports. There's also a special stipulation: Langdell must inform "all persons and entities with whom a licensing agreement has been obtained involving the trademarks asserted herein that the marks have been cancelled and provide these persons and entities with a copy of the order denying plaintiff's motion for a preliminary injunction and the final judgment." In layman's terms, it means that Langdell must contact these firms and individuals and inform them he no longer holds any of these "Edge" trademarks. By Friday, Langdell or his representatives must provide a sworn statement to this effect. As for EA, it looks like the company is ready to move on from the affair. In a statement, an EA representative stated, "We're pleased that we've reached a settlement and can put this behind us."
British network ITV responds to Apple iTV rumor, says it has 'vigorously defended' its IP before
This probably shouldn't come as a huge surprise, but British television network ITV has responded to the rumor that Apple plans to rename the Apple TV as... iTV. Now, Apple's no stranger to using names which are already trademarked -- if you'll recall, Fujitsu used to own iPad and Cisco owned iPhone before Apple took care of all of that with its gigantic piles of money. Well, someone at ITV is apparently not pleased to hear that iTV is one of the next Apple products, with a report in The Mirror this morning citing unnamed sources which described its executives as "furious," and hints that litigation is not out of the realm of possibility. Pocket Lint's contacted an ITV spokesperson for a more official take on the matter, and ITV's director of Communications, Mike Large, says that ITV has a "strong brand" with a "highly valued IP," that ITV is a household name in the UK, and that it has "vigorously defended" its IP in the past. Of course, assuming Apple does go ahead with the iTV name, it could always choose to call it something else in the UK, and it's also worth noting that ITV has been fighting to gain the US mark for the name since at least 2006, and has so far failed to do so. While ITV seems to have done a pretty good job at dodging any direct questions about lawsuits, it's pretty clear that the network wants to let everyone know from the outset that they're not going to ignore this one.
Apple licensing 'iOS' name from Cisco, acquiring 'FaceTime' mark outright
Hey, look at that -- Apple's trademark attorneys actually called the senior owner of a trademark before Steve announced a product name and got everyone into a tizzy. See, Cisco routers and switches just happen to run an operating system called IOS, and that means Apple had to get permission to rename iPhone OS 4 iOS 4. Of course, the previous trademark tussle between Apple and Cisco over the iPhone mark probably means that all these guys are just good buddies now, so we're just waiting for Mac OS X 10.7 "Lynxis" to hit. Oh, and in case you're wondering, a company called "FaceTime Communications" actually sold its "FaceTime" mark to Apple and is completely changing its name in the coming months. Might we suggest "Apple TV Remote" as an intriguing possibility?
Skate 3: Good times with product placement
Self-identification through product choice is a mainstay of the skateboarding scene, from t-shirts to shoes to skate decks to the soundtracks on skate videos. It's all part of the culture, so it's only fitting that a skateboarding game – say, Skate 3 – shares in that. To celebrate this common thread, let's play spot the product placement after the break!
Apple files official app icon trademarks
Apple has filed trademark motions on a number of its official app icons, and none of them are new (though the trademarks for the iDisk app and the MobileMe gallery app threw me a bit, not having MobileMe myself). Apple appears to be shoring up its official iPad and iPhone app icon library, and trademarking all of the official icons that it's put together. Each icon is marked not only by description (the Camera app icon is described as "rounded corners depicting a stylized camera lens"), but by its colors as well, which is standard for a logo trademark. It's also interesting that all of these icons are submitted at a gigantic size of 955x955 pixels, but iPhone icons are shown at 57x57, and iPad icons are displayed at 72x72. Clearly, though, Apple makes its icons Texas-sized and then scales them down to display them.
Patent application hints at future of Magic Mouse
The US Patent & Trademark Office published a patent application that hints at the future of Apple's Magic Mouse. It describes three new sensors and a triple-axis gyroscope to detect the roll, pitch, and yaw of the mouse. This means that a user could tilt the mouse from side to side to produce a horizontal scroll, a vertical scroll or to tilt a graphic. Additionally, the mouse described in the patent has a convex underside to make all that tilting easier. You can see the full application and even more images here. Of course, Apple patents many technologies that never see production. The Magic Mouse became the first multi-touch mouse when it was released last year, replacing the Mighty Mouse and its temperamental scroll wheel. We'll have to wait and see if this even more magical mouse gets produced. [Via MacDailyNews]
LGJ: Nagging Trademark Questions
Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games: So, you heard the rumors about EA working on NBA Jam, and then the confirmation of a new NBA Jam for the Wii, and you, like so many other people, thought to yourself, "Hey, what ever happens to trademarks that aren't being used? And why can't we figure out what's going on with NBA Jam before the press release by searching the Trademark office?" Well, I'm glad you asked, because these are questions that it's high time I answered. Most people have a good idea that a trademark is a brand name or logo, and most people know that they can be registered with the government to be better protected. But what about those other general trademark issues? LGJ has focused on trademark disputes on many occasions, but we're overdue to go over some of the expanded trademark basics for the benefit of the Joystiq readers. So, with trademarks, as with copyrights, there's a common law protection as well as a Federal registry in the US. There are also state registrations for trademarks, but, ultimately, the Federal registry offers the greatest protection. In fact, there is a whole list of benefits to registration. But the point remains, simply using a name for a product creates at least some level of trademark protection. From a practical sense, though, as long as you qualify for a registered trademark, it's much better to have a registered trademark. And that trademark can basically last forever as long as you meet two relatively straightforward conditions.
HP files for 'Zeen' and 'Airlife' trademarks for handheld devices
Having only recently marked its return to the handheld computing space with the iPAQ Glisten, HP seems intent on forging ahead with more hardware in the coming year. The above trademark applications -- filed in September and October 2009 -- mark out some very broad categories, but we can narrow them down a little with the help of some context. Given all the industry excitement over tablet devices, the Zeen could well be the name of a forthcoming slate-shaped machine and accompanying software, while Airlife seems to be planted firmly in the smartphone arena. The moniker suggests a software ecosystem rather than actual hardware, but that would make little sense with just one handset out there; if we were the betting type (and believe us, we aren't), we'd probably expect to see more mobiles coming from the computing giant in order to take advantage. Of course, companies don't always follow through on trademark applications, but it sure seems as if HP is casting a wary eye over the burgeoning handheld market (and / or planning to not get left behind in the months ahead).
EA trademarks 'The Ripper,' could be Visceral's next game
It's a well-known fact that for the past year or so, Electronic Arts has developed an insatiable addiction for new intellectual property. Rather than kick the habit, the company's making moves to further feed its franchise fixation -- EA recently filed two trademarks reserving the title "The Ripper" for use in a computer game (or other "entertainment service"). Now, this title could mean one of two things: It may be a Visceral Games-developed action title based on Jack the Ripper, a project which was hinted at by anonymous EA sources to the LA Times back in July. It could also be an interactive biography of the life of Rip Taylor, which has no supporting evidence behind it whatsoever, but would make us happy for the rest of our lives. [Via Superannuation]
