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Engadget begins iPhone litigation crash course series: part 1 - trademarks
The litigation biz is a messy and complex one, which is why I'm thankful Engadget has rounded up law student members from the Columbia Science & Technology Law Review for a primer series covering the ins and outs of the potentially ensuing Apple/Cisco litigation. This first part covers trademarks - what they're for, how to maintain them and the available courses of action when your trademark gets the rip-off treatment.Of particular interest to me is the fact that the owner of a trademark must be vigilant about maintaining control over it and defending their turf. If a company starts lying down and letting their 'mark run rampant, they can lose the reigns entirely. This series should be a great read for anyone interested in a quickie IP law education without all the student loans and all-nighters.
Apple's POD trademark app faces more opposition
We're pretty sure Apple faces about as much legal heat as every other big time corporation out there, but ever since Cisco invited Apple (or vice-versa?) to a few rounds of throwdown, "Apple" and "trademark" just seem to go hand in hand. Apparently, the POD moniker that has caught so much flack over the years is facing a slew of additional opponents, who apparently think the oh-so-coveted three letter word fits better in its own name. PodFitness, Inc., Secure-It, Inc., Varsity Group Inc., TastyBytes Software, Inc., VNU Media Measurement & Information, Inc., and Line 6, Inc. (makers of the highly-regarded "POD" lineup of guitar effects processors) are all crying foul on Apple's notoriously tight grip, but considering that all the filings are still marked as "pending," we can only assume the war wages on. Nevertheless, some of the filings stretch back to 2004, and although most things like this have a way of simply "vanishing" over time, we're fairly certain the grumpy plaintiffs are (at least somewhat) enjoying that "instituted for proceeding" bit. So while opposition continues to flail helplessly as it tries to disarm the almighty POD from Steve and Co., we're still left wondering how everyone and their next of kin can prefix any product at all with "i" without raising a fuss.[Thanks, Nikropht]
Beatles and Apple Inc finally settle up
We were getting wind of Apple and Apple finally settling their differences similarities and possibly even making some snazzy sort of iTunes deal to show off their new found love for each other. No word yet on iTunes, but it does look like the pair have finally reached a naming agreement that has both sides pleased, ending years of legal sparring. "We love the Beatles, and it has been painful being at odds with them over these trademarks," said Steve Jobs. "It feels great to resolve this in a positive manner, and in a way that should remove the potential of further disagreements in the future." And just how was this resolved? Both companies are going to be paying their own legal costs, and Apple Inc is walking home with the entire brand, with an apparent agreement to license certain trademarks back to Apple Corps. No wonder Steve was pleased. We'll keep our fingers crossed for some sort of iTunes deal, but obviously that oft-rumored Super Bowl ad spot opportunity has come and gone. Luckily, the word from Apple Corps' Neil Aspinall hints at good things to come: "It is great to put this dispute behind us and move on. The years ahead are going to be very exciting times for us. We wish Apple Inc. every success and look forward to many years of peaceful co-operation with them."[Thanks, Raghu]
Apple and Cisco put iPhone lawsuit on hold to talk things over
It's good to see two major putting down legal weapons of trademark war and setting an example for the children. Forbes is reporting that Cisco has agreed to give Apple some extra time to respond to their iPhone trademark lawsuit (perhaps they know they might not have a leg to stand on?) so the two companies can sit down and maybe work things out peacefully. The actual discussions are forthcoming, but since Cisco is apparently still seeking interoperability, I'm betting these 'discussions' aren't going to last much longer than a 'chat.' Apple doesn't share a bed with another 3rd party very often, and the iPhone means they're joined at more than just the hip with Cingular already.
Apple iPhone trademark rejected in Canada?
Regardless of what Mr. Jobs got up on stage and enunciated to us all, it seems Apple has quite the uphill battle to fight before this summer's big launch, and while it just might find a loophole to use the "iPhone" moniker here in the US (or not?), it looks the Canucks might have just shut Cupertino out. According to a trademark request in the Canadian Trademark Database, Apple's request to trademark the term "iPhone" has been "opposed" as of last week. Of course, the filing spills out a barrage of legal hub bub describing how Apple planned on using the term, a sequential list of events leading up the eventual denial, and lists Ontario's Comwave Telecom Inc. as an "Opponent," for whatever it's worth. Essentially, we're not particularly sure whether this opposition leaves the iPhone in Canada, but we're sure Apple isn't likely to take "no" for an answer.[Thanks, Gord]
Cisco might have lost iPhone trademark in '06
Apparently Cisco has more "iPhone" trouble in store for it than just that prior art dispute we mentioned yesterday. In order to keep a trademark alive, you have to file a "Declaration of Use" with the US Patent and Trademark office every six years or forfeit the trademark. On 11/16/2005 Cisco missed that deadline, but was granted a six month grace period, which it just barely squeezed through. Unfortunately for Cisco, a "Declaration of Use" requires demonstration of active use, under penalty of perjury. Cisco merely slapped an iPhone sticker onto an existing VoIP handset it was producing (shown above), but at the time hadn't put an actual iPhone product on shelves for a good long while. This jeopardizes the legitimacy of the trademark, and with Ocean Telecom Services LLC -- which is thought by most to be a front company for Apple -- next in line for the name, it's looking like anyone's game at this point. But for the sake of our own sanity, can we wrap this one up soon, guys? We were kind of hoping to spend the day resting up from CES and playing that new Gears of War map pack instead of reporting such minute developments. Oh well, what are you gonna do?[Thanks to everyone who sent this in]
Cisco sues Apple over iPhone trademark
The sound of Steve Jobs saying 'iPhone' was music to many an Apple fan's ears yesterday, but it seems Steve may have spoken too soon. The Associated Press is reporting that Cisco is planning on suing Apple over the use of the word 'iPhone,' which Cisco has a trademark on. It was reported that Apple and Cisco were on the edge of making a deal, but no legal documents were signed before Steve hit the stage yesterday.Does this mean that the iPhone is dead and long live the iPod Mobile? Only time will tell, but I am sure Cisco can be wooed with a bucket of money.Update: Here is the text of Cisco's press release on the suit. Tip o' the hat to The Apple Blog.
iPhone vs. iPhone: Cisco and Apple play nice
Apple "iPhone," huh? As we're all aware, that's the name of the new Linksys VoIP phone which Cisco (Linksys' parent company) owns the trademark to. So what's next? Another protracted legal battle for Apple? Oh hells no, son. After Steve dropped their latest i-bomb, Cisco told MarketWatch that they've been in "extensive discussions" with Apple recently and "it is our belief that Apple intends to agree to the final document. We expect to receive a signed agreement today (Tuesday)." Sweet.
BlackBerry versus BlackJack: RIM sues Samsung for trademark infringement
Thoroughly annoyed by Samsung's entry into the smartphone sector with its new BlackJack, RIM (maker of the BlackBerry, of course), has sued Sammie for trademark infringement in US Federal Court in Los Angeles. Oh, RIM, we understand that you want to protect your trademark over the BlackBerry name. But do you really, honestly, believe that just because another smartphone has the name "Black" in it, that throngs of people will rush out to buy the BlackJack when they meant to buy the BlackBerry? Or is this just a ploy to squeeze some money out of Samsung when you two finally settle this dispute? Yeah, that's what we thought. (Needless to say, Cingular must find this whole thing pretty hilarious.)[Via Textually]
Apple trademarks "iPhone," two models coming?
In a perfect world, we'd be at the point now where we could stop writing about the iPhone and start playing with it, but in the meantime, we're getting to the point where no week is truly complete without a smattering of iPhone rumors du jour. Actually, the first tidbit is less of a rumor and more of a fact: Apple's been taking the liberty of trademarking the word "iPhone" in a variety of countries across the world as of late. While that really comes as no surprise to anyone -- after all, as AppleInsider points out, iphone.org has redirected to apple.com for years -- it'll be interesting to see if Apple actually sticks with the name, seeing how it's become a bit... shall we say, overheated across the 'nets and it seems like it might be to Apple's advantage to take everyone by surprise with a creative new marque (iChat? iCall, perhaps? We know we're going out on a limb here). Next up is the (more interesting) news that the boys and girls in Cupertino appear to be working on not one, but two iPhones: a slim, music-oriented handset, and a full fledged smartphone with integrated keyboard and WiFi, both of which we'll probably have to wait until January's MacWorld Conference to get confirmed. Did someone say, "spiritual Newton successor?"Read - AppleInsiderRead - Red Herring
Leo Laporte wants to rebrand podcasts as 'netcasts' - I agree
If you're a TWiT fan (or a listener of almost any of Leo's other 200 podcasts), you might have heard in the past couple of weeks that he's pushing to change the term 'podcast' to 'netcast.' He's even gone so far as to start using it in his lingo on the shows (at least on the few of his shows I can keep up with), and is looking to trademark the term. Now before you run off and flame TWiT's forums, just hear the man out - because I think he has a good idea.Leo has a couple of reasons for hoping to move the mountain that is now podcasting. The first is Apple's recent bullish attitude towards the terms 'pod' and 'podcast,' as they've been filing their own trademarks and sending nastygrams to companies who get even just a little too close to using these words in their names or products. For a term that was born out of the grassroots web broadcasting movement and coined out of love for Apple's little music player, this understandably felt like a slap in the face to many - including even Leo, who was recently dubbed podcaster of the year. Of course, on the flip side of that coin, I can also understand Apple's interest in protecting their product likeness and the word 'pod.' After all - when else has such a goofy, nerdy word become such an icon? Oh what a twisted web of vocabulary and intellectual property we weave.Leo's second reason, and one that I feel is a bit more significant, is the implication of the deep roots the term 'podcasting' itself has grown, in light of its relationship to the iPod as a word and a product. Leo laments that to so many of podcasting's new target demographic (i.e. - all the non-early adopters who aren't listening to them, yet), the term 'podcast' itself implies that one needs an iPod to download and listen to them. Of course, it's pretty obvious to us nerds that this assumption couldn't be farther from the truth, but that is exactly Leo's point - he wants to change the term to drop that stigma for 'the other half;' the people who might or might not have heard of podcasting, but ultimately don't know much about it. Podcasting is all about leveling the playing field so anyone with some talent can share it with the world - but in this context, the term 'podcasting' is a bit counterproductive to the effort of breaking down the walls for one and all.Let's face it - there are a lot of other DAPs out there, and a ton of other products on which one can listen to music. The 'song' wasn't renamed to 'pong' or 'iPong' - maybe it would be better, and more accessible, to adopt a generic term like 'netcast,' so more listeners can join the party.
With "pod" on lockdown, Apple goes after "podcast"
Now that Apple's lawyers have scared the pants off of small entrepreneurs selling products like the Profit Pod and TightPod -- items that have nothing to with portable audio in any way, mind you -- it seems that the next targets are companies that have the audacity to use the word "podcast" in their names. Wired's Listening Post blog is reporting that Steve's legal eagles have sent one of those scary cease and desist letters to a company called Podcast Ready, whose premier product, myPodder, gives users an automated way to download 'casts to their portable devices. CEO Russel Holliman claims that he'd consider changing the name of the program if necessary, but seems to be justifiably reticent about rebranding his entire business, considering the fact that "podcast" may not be "owned" by Apple nor even a derivative of "iPod" in the first place. Robert Scoble -- whose own company, PodTech, may be at risk in this witch hunt -- has weighed in on the issue by suggesting that the tech community as a whole adopt other terms like "audiocast" and "videocast" (or alternately, "audcast" and "vidcast") to describe this type of content, while other folks feel that fighting Apple and generating a ton of negative press for Cupertino is the best solution. Our take? Apple should be happy that its golden goose is getting so much free publicity, and if it isn't, we know of several companies that probably wouldn't mind if zencast, zunecast, or sansacast became the preferred terminology.Update: BBHub's own Russell Shaw delves into this issue a little further over at ZDnet, and finds that Apple is having trouble getting certain iPod-related phrases trademarked, including the word "iPodcasting."Read- Apple's nastygramRead- Scoble's take[Via calacanis.com]
Apple to ace the iPod click-wheel? Not likely.
Nothing starts the day like a freshly squeezed Apple rumor, right? Well you're looking at 10 supposed iPod (and one iPhone?) "redesigns" which AppleInsider extracted from the bowels of a European trademark and design office. Credited to Andre K. Bartley, an Apple interface designer with several iPod-related patent filings in the US and Europe under his belt, these designs were registered in January 2006 without any descriptive data. We don't doubt the authenticity of this filing, however, what's hard to stuff down the ol' pie-hole is the idea of Apple walking away from its much loved, and oft imitated, click-wheel interface for the iPod as AI suggests. And certainly not in favor of a Gigabeat e(S)que cross-hair controller or uh, Creative's scroll strip. Considering Apple's long history of litigation over interface design, we're probably just looking at some legal maneuvering here. Next.
Sony wouldn't trademark "PooS," would they?
We love Sony, so naturally we tend to give 'em a hard time. It's nothing personal, that's just the pecking order; we just hold them in such high regard that when they slip up, say something stupid, or just do that thing they always seem to do to piss off their customers, we're there to give 'em a slap on the wrist -- just like we would other any company. This time we're going to have to give them the benefit of the doubt -- we want to give them the benefit of the doubt, because we really don't want to believe Sony would drop the infinity sign (which, of course, closely resembles an toppled figure 8) between the P and S (we presume for PlayStation) in a supposed trademark application they filed for their PlayStation controller with the Japanese patent office. We can't prove this is actually legit, but that's the word on the street according to GameFront.de, whose PooS logo image (above) doesn't even look close to the regular PlayStation / Spiderman type we know they've become so anal about using everywhere. Our advice: don't believe the infinite amounts of hype, until further notice we're calling BooS on this one.[Via Digital Battle]
Nintendo snags more Wii-related trademarks
Nintendo sure loves registering trademarks. The latest bunch of trademarks snagged by House N has us all a bit perplexed as we can't quite figure out how they would serve the company and its upcoming console. The list reads: WiiCan WiiClub WiiCommunication WiiDiary WiiHappy WiiHealth WiiHome WiiKids WiiMap WiiOnline WiiSenior WiiWords WWWii Now, the only thing we can logically predict at this moment in time is that the term Wiican is Nintendo's entry in the Coca-Cola/Pepsi wars. We personally would've went with Ninten-Cola, but I guess it's a fine enough name. Or maybe Nintendo is trying to market the Wii to the Pagan game-playing crowd?
Wii trademark surfaces, naysayers wiip
Remember last Thursday when some disappointed Wii (née Revolution) fanboys got to thinking, "Hey! There's no trademark on file! It's got to be a publicity stunt! Viva la Revolution!"?Of course, we tried to set them straight, but the conspiracy theory persisted -- as conspiracy theories are wont to do -- and now, with the help of the United States Patent and Trademark Office, we can see that Nintendo has indeed registered the name "Wii" with no fewer than nine applications!The trademark applications were filed on April 27 (the day the name was publicly announced), but have a "priority date" of November 11, 2005, meaning they had decided on the new name as far back as November of last year and delayed the trademark registration, lest the proverbial cat be let out of the proverbial bag.The trademarks cover the use of the name Wii in applications ranging from "printed matter" like iron-on transfers or, who knows, console packaging to "clothing" like wrist-bands or, perhaps maybe, t-shirts. They also cover "watches containing a game function", "providing temporary use of non-downloadable video game programs provided via the Internet", and about a thousand other things, meaning there's a wealth of info to be misinterpreted here by the fan community. You'd better put your tinfoil hats back on...let the crazy theories commence.Some of my personal favorites? I'm glad you asked:AristotleInter·PollNodeCheckYum That list is an incredibly geeky drinking game waiting to happen.
