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.

08.11.2019

Intellectual property considerations on street art

When you think about graffiti, or any other form of street art, does it even cross your mind how quickly intellectual property theft can become an issue? And when it comes to graffiti, it doesn’t necessarily need to be a Banksy artwork, an aspect which transforms it immediately into something valuable. Even if it is ( learn more )

05.11.2019

Trademark monitoring- one step ahead of infringements

Nowadays, protecting your business by registering your trademarks and developing an IP portfolio will definitely increase the value of your business. Also known as a trademark monitoring service, or simply Trademark Watch Service, the main objective of this service is to detect any similar trademark request in the publication stage, and to let you know ( learn more )

31.10.2019

Chinese domain name dispute resolution services by WIPO

For those unfamiliar with what WIPO stands for, WIPO is the main agency acting on an international level, under which Intellectual Property services, policies and information are developed in a balanced and effective way, helping us bring innovation and creativity into our lives. Even if you are not familiar with the acronym UDRP, you certainly ( learn more )