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	<title>The Law Professor &#187; apple</title>
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		<title>Apple iPad Flouts Trademark Infringement &#8211; What&#8217;s Next?</title>
		<link>http://www.thelawprofessor.com/apple-ipad-flouts-trademark-infringement/</link>
		<comments>http://www.thelawprofessor.com/apple-ipad-flouts-trademark-infringement/#comments</comments>
		<pubDate>Thu, 28 Jan 2010 05:27:23 +0000</pubDate>
		<dc:creator>thelawprofessor</dc:creator>
				<category><![CDATA[Breaking News]]></category>
		<category><![CDATA[Hot Topics]]></category>
		<category><![CDATA[Mobile Devices]]></category>
		<category><![CDATA[apple]]></category>
		<category><![CDATA[iPad]]></category>
		<category><![CDATA[trademark infringement]]></category>
		<category><![CDATA[trademark registration]]></category>
		<category><![CDATA[USPTO]]></category>

		<guid isPermaLink="false">http://www.thelawprofessor.com/?p=461</guid>
		<description><![CDATA[Did Apple make a major gaff by releasing the new Apple iPad tablet without first registering a trademark for the product?]]></description>
			<content:encoded><![CDATA[<p>Either the arrogance at Apple has greatly exceeded that at Microsoft at its peak or I should be sending in my resume to Cupertino with all due haste. Apparently Apple decided to launch its iPad product without regard or care for existing trademarks that may have been filed in the United States. Apparently Fujitsu filed in 1993 for the iPad trademark for a &#8220;HAND-HELD COMPUTING DEVICE FOR WIRELESS NETWORKING IN A RETAIL ENVIRONMENT&#8221; and you can find the <a title="Fujitsu iPad, not the Apple iPad!" href="http://www.fujitsu.com/us/services/retailing/technology/hardware/?navid=608">Fujitsu iPad product brochure here</a>. Apple apparently sent a letter in opposition to this trademark for undisclosed reasons (rumors are afloat that it is under the doctrine of &#8220;divine right.&#8221;)<span id="more-461"></span></p>
<p>Amusing is finding another registration of iPad just two weeks ago by a company called &#8220;IP Application Development LLC&#8221; as well. It looks like Apple will need to oppose that filing as well (unless this curious company registering the mark in several other countries is a front for The White Giant.) So was it sheer hubris that led Apple to release the latest iProduct without concern for trademark law or was it an oversight of counsel that had been partying too often in the valley? Apple actually does have a fine team of attorneys in Cupertino, some of which I have the pleasure of friendship.</p>
<p>This newsworthy item begs me to ask the following question. After tearing my ACL playing football several years ago in Central Park (while making a darn fine interception), I registered the domain iKnee.com. I&#8217;m also the proud owner of iKoto.com and iSlime.com (don&#8217;t ask, I must have imbibed too much sake when that occurred.) This begs the question as to whether I will need to surrender said domains should Apple come calling as it runs out of words to use for its growing product line?</p>
<p>While we&#8217;re in a jocular mood, I was amused to discover that other companies registering iPad as a trademark included a bra manufacturer. It seems that humor has cropped up on all fronts regarding the product, purporting that the iPad can solve a whole host of female problems. Joking aside, from a utilitarian standpoint I&#8217;m not sure what the iPad is supposed to do and the void it fills for up to $1,000. Perhaps Apple wants to be the &#8220;first in the game&#8221; but this is an expensive way to go to accomplish something I cannot identify. It has no USB adapter and it has no camera. It doesn&#8217;t feature flash for web browsing and, from my understanding, 3G and WiFi will only be available in upcoming models. There aren&#8217;t storage expansion options via SD cards either. Perhaps it buys extra coolness for $500 (plus all the necessary extras.)</p>
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		<title>Congress Taps Into Steroids, now Apple iPhone</title>
		<link>http://www.thelawprofessor.com/congress-taps-into-steroids-now-apple-iphone/</link>
		<comments>http://www.thelawprofessor.com/congress-taps-into-steroids-now-apple-iphone/#comments</comments>
		<pubDate>Mon, 22 Jun 2009 07:02:00 +0000</pubDate>
		<dc:creator>thelawprofessor</dc:creator>
				<category><![CDATA[Breaking News]]></category>
		<category><![CDATA[Mobile Devices]]></category>
		<category><![CDATA[antitrust]]></category>
		<category><![CDATA[apple]]></category>
		<category><![CDATA[AT&T]]></category>
		<category><![CDATA[Congress]]></category>
		<category><![CDATA[exclusive]]></category>
		<category><![CDATA[iphone]]></category>

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		<description><![CDATA[As if it wasn't enough for Congress to be wasting its time and spending millions in taxpayer dollars to fight the war for professional sports leagues against steroids. Now four members of Congress have decided to call for an investigation into whether AT&#038;T should be able to have an exclusive agreement with Apple for distrubution of the iPhone and use on its network. I'm unaware that our Constitution provides for the right to have an iPhone on any carrier of one's choosing.]]></description>
			<content:encoded><![CDATA[<p>As if it wasn&#8217;t enough for Congress to be wasting its time and spending millions in taxpayer dollars to fight the war for professional sports leagues against steroids. Now four members of Congress have decided to call for an investigation into whether AT&amp;T should be able to have an exclusive agreement with Apple for distrubution of the iPhone and use on its network. I&#8217;m unaware that our Constitution provides for the right to have an iPhone on any carrier of one&#8217;s choosing.<span id="more-50"></span>Considering that our government recently found no anti-trust problem with Google&#8217;s purchase of DoubleClick (<a title="Google plus Doubleclick is over 80% of online ads" href="http://news.cnet.com/2100-1024_3-6176180.html">controlling the overwhelming majority of online ads</a>), it boggles the mind that Congress would be concerned with Apple&#8217;s exclusive contract with one mobile phone supplier &#8211; is this really any different than the Palm Pre, the Blackberry Bold and 96MB RAM version of the Blackberry Curve? Sure the terms are onerous &#8211; buy the phone at full retail value and get hit with a termination fee if you leave and an inability to use the phone on another network. But that is the consumer choice and right not to buy an iPhone. Additionally, if you buy a Verizon CDMA-based phone, you wouldn&#8217;t be able to use it on another network either. It&#8217;s not like this issue is exclusive to the iPhone.<a title="Tim Wu Comments" href="http://www.consumeraffairs.com/news04/2007/07/iphone_congress.html"> Professor Tim Wu comments</a> on this issue &#8211; I&#8217;ve met him several times at some of his speaking engagements. He&#8217;s discussed the problems of switching carriers before and how a phone becomes an &#8220;expensive paperweight&#8221; in the US.</p>
<p>Committee chair Ed Markey (D-MA) complained that provider exclusivity and high fees are &#8220;stultifying innovation and unquestionably [diminishing] consumer choice.&#8221; I&#8217;m wondering how a GSM-based iPhone &#8220;stultifies&#8221; innovation and whether providing Major League Baseball and the National Football League with  anti-trust exemptions doesn&#8217;t limit consumer choice to watch different professional sports leagues. In the latter example, there is no alternative. In the former, if you don&#8217;t like the iPhone, get a Palm Pre, a Blackberry or any other phone you&#8217;d like. If the iPhone cannot be exclusively tied to AT&amp;T, then essentially this is a death knell to all freedom of contract for any manufacturer to obtain a premium to distribute exclusively with one or few outlets. Unless I&#8217;m missing something here, why is Congress wasting its time on this investigation. Possible reasons:</p>
<ol>
<li>A few members of Congress are hoping to win public sympathy by providing the iPhone to places where AT&amp;T coverage is not optimal</li>
<li>Several members of Congress don&#8217;t use AT&amp;T mobile phone service but badly want an iPhone</li>
<li> Big players are hoping to use Congress to break AT&amp;T&#8217;s exclusive deal with Apple for the iPhone</li>
</ol>
<p>If you&#8217;ve got opinions, I&#8217;d enjoy hearing them.</p>
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