What is real
is not external form.



CONSTANTIN BRANCUSI

Apple wins iPad trademark dispute

08.05.2019


A district court in US has recently ruled in favor of Apple in a trademark dispute with RXD Media over the name ‘iPad’. The issue started in 2012, when RXD Media has claimed it was the first to use the name in its ‘ipad.mobi’ platform, established two years before Apple launched on the market its tablet. The recent ruling is upheld by Trademark Trial and Appeal Board which argued in favor of Apple in 2018.

RXD Media claimed that the Apple’s use of ‘iPad’ is confusing, but the judge that handled the case argued with the following reasons: “even assuming the evidence of record regarding use of IPAD.mobi, iPad.mobi, or variations employing design elements, can be considered as demonstrating use of IPAD as a standalone mark by Opposer, we nonetheless find that the term IPAD is merely descriptive of Opposer’s services and that Opposer has failed to establish that such term had acquired distinctiveness.”

So, RXD Media didn’t provide any evidence that its trademark should have been considered to be the standalone ‘iPad’, and by that, priority in the rights to the ‘iPad’ trademark cannot be assigned to them. Neither can they enforce any trademark rights against Apple.

Also, during the process, Apple submitted a counterclaim that RXD is infringing on their ‘iPad’ trademark. The same judge agreed, saying the evidences of infringement are speaking for themselves.

24.03.2020

How to protect new online businesses and other IP challenges

The field of intellectual property, as important as it may be, is more often than not looked over by the entities that carry out their activity in the field of e-commerce. The reason why intellectual property is crucial for the field of e-commerce, is because by the sale of products and services, generally have important ( learn more )

18.03.2020

Intellectual Property Offices – updates on COVID-19

UKIPO, EPO, EUIPO and USPTO announced the latest decisions regarding the COVID-19 pandemic. Most of them will remain open, and just a few of them are making extensions in terms of deadlines. UKIPO If you are in the situation where you need an extension, due to the pandemic, UKIPO will remain open and mentioned that ( learn more )

10.03.2020

The humanisation process of the robots

We may not like it, but technology plays an increasingly dominant role in our daily lives. The onus is on us to keep abreast of technological developments and their potential implications for our personal and professional lives. Let us take the field of intellectual property and artificial intelligence as an example. If you run a ( learn more )