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.

02.07.2020

Readying your brand for your local area

An early part of the brand development process includes researching your competitors and comparing your brand against theirs. It’s possible that your business and its accompanying intellectual property share striking similarities to other brands in your industry, and these are important to consider when it comes to standing out within your field. When you’ve completed ( learn more )

18.06.2020

Covid 19 and its effects on Intellectual Property

Our colleague, Ana Rotariu, is sharing her experience regarding the effects of the COVID-19 pandemic over businesses and their IP. Interested to know how has this outbreak affected companies worldwide? It is safe to say we are all experiencing challenging times, especially when it comes to businesses, either big or small. Even as countries and ( learn more )

16.06.2020

Why your technology startup needs Intellectual Property Protection

The field of intellectual property protection is important for all industries and all sectors. In this article we address the implications of intellectual property protection for technology startups. The challenges for technology startups Your startup may face a number of challenges. The most significant of these are: Product development; Recruiting expert professionals with the necessary ( learn more )