Blog Editors
Recent Posts
Analyzing Tech Regulation: Shapiro's Critique and Policy Recommendations
UPCOMING EVENT: Automated Decision-Making Technology and Artificial Intelligence
Free Speech and Trademark Law Clash in Vidal v. Elster
Using Technical Solutions to Address Issues in Privacy Law: A Talk by Professor Zubair Shafiq
An Introduction to Venture Capital
Archive
California AB 1844 and the Role of Social Media in the Employment Process
Mobile Patent Wars Heat Up as USPTO Invalidates Key Apple Patents
Star Wars v. Finding Nemo: Did Disney Overpay for Lucasfilm?
The Rise and Growth of Crowdfunding Websites
Zappos, Online Contracts, and the Perils of Browsewrap Agreements
A General History of Western Trade Secret Law from the Time of Preliterate Society to Today - Pt. 2
Apple and Google Consider Arbitration for Worldwide Patent Disputes
A General History of Western Trade Secret Law from the Time of Preliterate Society to Today - Pt. 1
Apple's Slide to Unlock Patent and the Issue of Patent Continuations
Funding Your Project Pt. 1: Kickstarter and Lockitron
Apple's Double Standard: Apple's Contentions with MySpace and Samsung Icons
Sprinting Towards Success? SoftBank’s Investment in the US Market
Google News Under Fire Around the World
Court Fines Man $1.5 Million for Uploading 10 Porn Flicks to BitTorrent
Apple's Double Standard: Apple's Contentions with MySpace and Samsung Icons
Posted By Pedro A. Avila, Jan 19, 2013
In April 21, 2010, Apple requested a trademark for an orange square with two-beamed quarter notes. The Trademark Trial and Appeal Board ("TTAB") denied Apple's request due to a trademark Myspace owned from 2008 that the court considered too similar to Apple's requested mark. The TTAB held that such similarity would cause confusion amongst consumers based on an "overall commercial impression. Apple appealed the decision citing multiple differences between the marks - Apple noted that MySpace's note is white whereas Apple's is dark orange. Apple also pointed that its mark has rounded edges whereas MySpace's did not. In a late 2012 ruling, the TTAB reaffirmed its prior holding and denied Apple's appeal. In Apple's trial with Samsung, Apple sang a different tune when it came to the similarity of its registered trademarks. Apple noted how similar Samsung's icons were to Apple's registered trademarks to constitute infringement by Samsung. For instance, Apple claimed Samsung infringed its trademarked settings icon, which Apple described as "an icon that features gears against a gray background" on a rounded icon. Samsung's multiple settings icons, however, generally had a singular gear with a blue background on a non-cornered icon. It's interesting to note how Apple seems to straddle both sides of the legal line of "similarity" for its benefit. Apple argued for a narrow definition of similarity when it requested its music mark and argued a broad definition when it claimed infringement by Samsung. Thus, there seem to be two versions of Apple - the Apple before the TTAB and the Apple at trial versus Samsung. Although inconsistent, it appears the nature of Apple's position (owning the mark versus applying for the mark) determines their legal stance and argument. While seemingly unethical, it could be argued as just a sign of good lawyering in the face of a hopefully neutral judiciary. Apple's requested mark versus MySpace's registered mark Apple's icon versus Samsung's infringing icons Source (Law360): http://www.law360.com/ip/articles/380078 Source (Gigaom): http://gigaom.com/apple/apple-denied-trademark-for-music-icon-due-to-myspace/ Source [Photo] (Gigaom): http://gigaom.com/apple/apple-denied-trademark-for-music-icon-due-to-myspace/screen-shot-2012-09-25-at-5-07-10-pm/ Source [Photo] (TalkingAndroid): http://img.talkandroid.com/uploads/2012/08/Samsung_vs_Apple_Settings_Icons_01-420x435.png Source (Apple): http://images.apple.com/pr/pdf/110415samsungcomplaint.pdf
