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.

15.01.2020

Why is the field of intellectual property in close connection with technology?

In today’s modern society the importance of technology is becoming crucial. People are carrying out more and more of their daily activities on electronic devices. We all know that as these technologies evolve, the devices are increasingly present in many areas of our lives. Example of these changes can be observed in products such as ( learn more )

10.01.2020

Pirated online content against the new Swiss copyright law

As of recently, Switzerland is trying to sort all of their copyrighting problems out by bringing intellectual property protection into the digital era. This initiative aims to promote the elimination of the country from a list of copyright protection watchlist in the United States. This new adopted law is focused on hosting providers with the ( learn more )

19.12.2019

Intellectual Property Assets – Christmas Edition

At Christmas we are all wrapped up in our best thoughts, intending on making good deeds. We forget – for a few moments – about the little worries in life, taking a step back to analyse the year that will end soon. We encounter interesting IP trivia each year. One example is represented by carols ( learn more )