Archive for the ‘Technology’ Category

Apple Pays $21 Million for Digital Clock

Wednesday, November 14th, 2012

Apple, Inc. has reportedly paid Swiss rail operator, SBB, $21 million for use of the Swiss transportation company’s clock design.

 As much as I like my Apple products, for a company that prides itself on design coupled with function, it seems to me the Apple could have developed its own clock design.  But, Apple usually gets what it wants – even if it costs $21 million.

Neil Young Changes Gears

Saturday, April 21st, 2012

Neil Young – of solo music career fame and on-again, off-again member of Crosby, Stills, Nash [& Young], is apparently trying to enter the digital music format field.

According to the article, Young is seeking to obtain a trademark registration of SQS for a digital music format (to compete with MP3, etc. formats).  It seems that SQS is an acronym for “studio quality sound”.

Interesting.

Apple Sued Over iCloud

Friday, June 10th, 2011

In the same week that Apple announced its plans to launch its iCloud service later this year (as a replacement to its less-than-impressive MobileMe service), Apple has been slapped with a lawsuit.  The lawsuit was filed yesterday in U.S. District Court in Arizona by iCloud Communications, LLC.  The suit alleges:

The goods and services with which Apple intends to use the “iCloud” mark are identical to or closely related to the goods and services that have been offered by iCloud Communications under the iCloud Marks since its formation in 2005. However, due to the worldwide media coverage given to and generated by Apple’s announcement of its “iCloud” services and the ensuing saturation advertising campaign pursued by Apple, the media and the general public have quickly come to associate the mark “iCloud” with Apple, rather than iCloud Communications.

A copy of the complaint may be found here.

Relatedly, German company, Simfy, has filed a lawsuit against Apple, claiming Apple rejected its iPod app (yes, “app” means application) because Simfy is a potential competitor to Apple’s iCloud service.

While Apple certainly markets its i-formative marks and products better than its competitors, Apple has rarely been first to market with many of those i-formative marks.

For example:

  • Cisco owned a 1999 registration for iPhone for “computer hardware and software for providing integrated telephone communication with computerized global information networks” long before Apple filed its first iPhone application in 2006;
  • InPub, LLC filed an application for iPhone in 1999; Apple filed its own in 2001; and
  • Mag-Tek, Inc. owns a 2008 registration (filed in 2000) of iPad for “KEYPADS FOR ENTRY OF PERSONAL IDENTIFICATION NUMBERS IN E-COMMERCE” (Apple first filed for iPad in 2003).

Let’s not forget Apple chose Mighty Mouse as the name for its first wireless mouse despite the fact that Mighty Mouse is a famous and iconic 20th Century Fox character.

Finally, McIntosh Labaratory had been using McIntosh as a trademark for audio, video and stereo equipment since 1978.  Apple’s first application for MacIntosh was not filed until 1984.

In all fairness, Apple does seem to be the first to have used and filed for iTunes.  (Even a broken clock has the right time twice a day.)

Despite Apple’s origins (or at least its original marketing stance) as an anti-establishment company (see its first ad here), Apple has become that which it first advertised against 25 years ago.

We suspect that Apple will ultimately pay iCloud Communications to own (or license) the mark iCloud.  It should nonetheless be an interesting case to follow.

 

 

Printing 3D Objects & IP

Sunday, February 27th, 2011

I recently read an article in The Economist about the emerging technology of printing 3D “things”.  The article is entitled “Print Me a Stradivarius” and appears in the February 12, 2011 issue.

Essentially, technology exists – though not for the public at large, to purchase printers that can essentially print things.  Yes, three-dimensional objects.  The printers are called “fabbers”.  In my previous search, the least expensive 3D printer I found was $150,000.  Apparently, there are cheaper ones.  See http://tinyurl.com/4lhooxq.

As the article states, so-called 3D printers cost less today than a black and white laser printer cost in 1985.

The idea of 3D printing will certainly raise its share of IP issues.  As 3D printers become more accessible to the masses, people will be able to “print” their own products.  In much the same way that the internet has facilitated the sharing of software, music and movies – and by sharing, I mean illegal sharing – 3D printers will allow people to share electronic profiles of product, which you can then “print” at home.  I envision a peer sharing system when people share the electronic blueprints for products like they currently share music files.  Once downloaded, you will be able to print your own item at home – paying only for your 3D “ink” to print the item.

It should be interesting to see how the IP implications develop as this technology becomes available to the public at large.

At the moment, there are limited things one can print in 3D; however, undoubtedly the 3D “ink” will expand and likely rapidly.

For more about this technology, you may read here.

New University Rules

Friday, July 2nd, 2010

Effective this month, colleges and universities that don’t do enough to combat the illegal file sharing on their computer networks put themselves at risk of losing federal funding.

One provision of the Higher Education Opportunity Act of 2008  makes institutions of higher learning forced allies of the entertainment industry’s campaign to stamp out unauthorized distribution of copyrighted music, movies and TV shows.

According to the Act, which went into effect yesterday, institutes of higher learning must  “effectively combat the unauthorized distribution of copyrighted material by users of the institution’s network” without hampering legitimate educational and research use.

Despite initial opposition about invading students’ privacy and doing the entertainment industry’s dirty work for it, college and university officials are generally satisfied with regulations since many such institutions have had such systems in place for years.

The Motion Picture Association of America, one of the entities that pressed for the legislation, is encouraged by what campuses are doing but believe it’s too early to tell whether it will ultimately curb piracy, according to MPAA spokesperson, Elizabeth Kaltman.

The Battle Goes On…

Saturday, April 19th, 2008

In the latest round of conflict between Facebook founder, Mark Zuckerberg, and his former classmate, Aaron Greenspan, Greenspan is challenging Zuckerberg’s right to use the trademark FACEBOOK.

The quibble is less about ownership of the trademark and more a reply to the imaginary billionaire’s legal SWAT team. They have been putting the frighteners on Greenspan’s memoir, in what he alleges is an attempt to suppress its contents.

Check out the Petition to Cancel here.

Intel Sued Over DUAL CORE Mark

Monday, September 3rd, 2007

A California start-up, DualCor, claims that Intel is infringing its own DUALCOR mark. DualCor is a California corporation was incorporated in December 2000 as GCVI and changed its name to DualCor Technologies in December 2003.  It claims to have been using its DUALCOR mark since December 2003.   DualCor makes proprietary technology, it said, which improves the processing power, efficiency and portability of computers by using several CPUs working together.

Intel’s “use of the name ‘Dual Core’ is likely to cause confusion, mistake or deception among consumers as to the source quality and nature of DualCor’s goods,” DualCor alleges.

DualCor wants about a million dollars for the alleged infringement.

You may view the complaint here.

Podcast Logo Published

Friday, July 27th, 2007

On July 26, 2007 Apple’s so-called podcast logo was published for opposition by the USPTO. The logo is reproduced below:

podcastlogo.jpg

This may be like a “podcast certified” certification mark. We’ll see.

Facebook Face-Off

Thursday, July 26th, 2007

Social networking website Facebook faces legal action from the founders of a rival site over claims that their ideas were stolen, in a case that could lead to a change of ownership at the fast growing $10bn (£4.9bn) internet business.The founders of the ConnectU site allege that Mark Zuckerberg, Facebook’s founder, stole their site’s software code while he was working for them as a Harvard student.

Already the subject of a $1bn approach from Yahoo!, the company said this week it would only consider selling out for more than $10bn.

In their suit, brothers Cameron and Tyler Winklevoss, and Divya Narendra, claim Mr Zuckerberg worked for them on a project called Harvard Connection, which aimed to create a network for the university’s students and alumni.

They also claim that they asked Mr Zuckerberg in November 2003 to complete software and database work on the site, and asked him to finish his task before they graduated from Harvard in June 2004.

Big Money.  Big Money.  No Whammies.

Apple Files for SMS 6Mark

Thursday, July 12th, 2007

According to MacNN, Apple has filed two new trademark applications for the marks Owner: Apple and sms 6 . Both of these rather unknown trademarks were filed in International Classes 9, 15 and 38