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.

12.01.2021

Intellectual Property after Brexit era

The new regime imposed by Britain’s exit from the European Union comes with a number of implications from several viewpoints. Even if, from a theoretical viewpoint, the United Kingdom left the European Union on January 31, 2020, a withdrawal agreement worked throughout the year so that all these processes could have a constant pace of ( learn more )

07.01.2021

Santa Claus. Who owns it?

Nothing better-known, and also more mysterious than Santa Claus – the character and the suite of constructions of the imaginary that are associated with it. All the serious research and analysis dedicated to it attests to the fact that it is a ” tradition invented” gradually, a complex creation based on an old and new ( learn more )

18.12.2020

The Secret of the Tradesecrets

The most mysterious form of intellectual property is the trade secret. A trade secret consists of any type of information that has economic value. Trade secrets can include business practices, recipes, models and formulae. Information classified as a trade secret is not made known to the general public. Its value lies in its confidential characteristics. ( learn more )