ten-oak-druid
Apr 26, 02:11 PM
Try again what ? It's not a word mark, it's a typed drawing, meaning you could trademark Pet Store too if it is a different drawing all together (different font, different shape, different color).
It's basically a logo trademark, like let's say : :apple:
Your point is that you cannot find such a trademark as "app store" in the standard character format because "app store" is too general right? The other person posted that "pet store" would be a ridiculous example of this.
"Registration of a mark in the standard character format will provide broad rights, namely use in any manner of presentation."
Source: http://www.uspto.gov/trademarks/basics/index.jsp
Ok fair enough. Pet store was registered in the stylized or design format.
But your basic argument against Apple is that they cannot use app store as a trademark in the broader text format because it is too general. But this is not the only example of such a thing.
If this is the case then Apple Store will be thrown out too. It is the same type of trademark. Two words, not one and not preceded by "the".
App Store
Apple Store
The other argument is that "app" is too generic and that the term was around prior to the trademark. I do not believe this is valid either as "app" may have existed but was not widely used. The argument would have been used agains the prior trademark of "appstore" in that case.
One thing is for sure. Our opinions will have no bearing on the final outcome.
1. Look, the form in which it was trademarked matters. Otherwise, there would only be 1 type of mark. You can overrule it all you want, in the end you were wrong.
2. App is as much a part of the lexicon as pet. I know I've been using it for more than a decade.
You define the lexicon of the overall society?
The point that has been brought forth to the USPTO is that Apple has no right to an exclusive mark on App Store because of its descriptive and generic nature. This is not like the examples you cite, the problem is not that Apple has a shoe store they want to call Yellow, it's that they have a shoe store they want to call shoe store.
That is the problem defined by people who object to Apple's trademark. It has not been decided whether Apple's trademark should be invalidated based on this opinion yet.
It's basically a logo trademark, like let's say : :apple:
Your point is that you cannot find such a trademark as "app store" in the standard character format because "app store" is too general right? The other person posted that "pet store" would be a ridiculous example of this.
"Registration of a mark in the standard character format will provide broad rights, namely use in any manner of presentation."
Source: http://www.uspto.gov/trademarks/basics/index.jsp
Ok fair enough. Pet store was registered in the stylized or design format.
But your basic argument against Apple is that they cannot use app store as a trademark in the broader text format because it is too general. But this is not the only example of such a thing.
If this is the case then Apple Store will be thrown out too. It is the same type of trademark. Two words, not one and not preceded by "the".
App Store
Apple Store
The other argument is that "app" is too generic and that the term was around prior to the trademark. I do not believe this is valid either as "app" may have existed but was not widely used. The argument would have been used agains the prior trademark of "appstore" in that case.
One thing is for sure. Our opinions will have no bearing on the final outcome.
1. Look, the form in which it was trademarked matters. Otherwise, there would only be 1 type of mark. You can overrule it all you want, in the end you were wrong.
2. App is as much a part of the lexicon as pet. I know I've been using it for more than a decade.
You define the lexicon of the overall society?
The point that has been brought forth to the USPTO is that Apple has no right to an exclusive mark on App Store because of its descriptive and generic nature. This is not like the examples you cite, the problem is not that Apple has a shoe store they want to call Yellow, it's that they have a shoe store they want to call shoe store.
That is the problem defined by people who object to Apple's trademark. It has not been decided whether Apple's trademark should be invalidated based on this opinion yet.
InuNacho
Apr 19, 03:17 PM
My early 08 Macbook makes for a crummy desktop and I have been wanting a new TV for a while now. If Apple's having that free ipod with Mac purchase this summer I'm sold.
Fukui
Mar 24, 10:57 AM
Some companies have a lovely large market share, and are teetering on the edge as they are just not profitable.
Marc
Amazon.com anyone?
Marc
Amazon.com anyone?
Compile 'em all
Apr 3, 06:31 AM
I like.
ten-oak-druid
Apr 26, 02:51 PM
Trademark status of "app store"
The government's site on trademarks lists the status as:
"Current Status: An opposition after publication is pending at the Trademark Trial and Appeal Board. For further information, see TTABVUE on the Trademark Trial and Appeal Board web page. "
It was approved for use by apple:
"2010-07-07 - Opposition instituted for Proceeding
2010-02-04 - Extension Of Time To Oppose Received
2010-01-05 - Notice Of Publication E-Mailed
2010-01-05 - Published for opposition
2009-12-02 - Law Office Publication Review Completed
2009-12-01 - Approved for Pub - Principal Register (Initial exam)
2009-12-01 - Amendment to Use approved
2009-11-21 - Amendment To Use Processing Complete"
I believe Apple's ability to sue is based on the approval to use the TM even though the final trademark has not been fully granted.
http://tarr.uspto.gov/tarr?regser=serial&entry=77%2F525433&action=Request+Status
I remember stories claiming "tentative approval" of the app store back in early 2011. But the application history (some of which I posted above) does not have any items in 2011. Perhaps our legal experts can explain the source of these stories claiming "tentative approval early this year". Is that just a delay between legal filings and public announcements?
The government's site on trademarks lists the status as:
"Current Status: An opposition after publication is pending at the Trademark Trial and Appeal Board. For further information, see TTABVUE on the Trademark Trial and Appeal Board web page. "
It was approved for use by apple:
"2010-07-07 - Opposition instituted for Proceeding
2010-02-04 - Extension Of Time To Oppose Received
2010-01-05 - Notice Of Publication E-Mailed
2010-01-05 - Published for opposition
2009-12-02 - Law Office Publication Review Completed
2009-12-01 - Approved for Pub - Principal Register (Initial exam)
2009-12-01 - Amendment to Use approved
2009-11-21 - Amendment To Use Processing Complete"
I believe Apple's ability to sue is based on the approval to use the TM even though the final trademark has not been fully granted.
http://tarr.uspto.gov/tarr?regser=serial&entry=77%2F525433&action=Request+Status
I remember stories claiming "tentative approval" of the app store back in early 2011. But the application history (some of which I posted above) does not have any items in 2011. Perhaps our legal experts can explain the source of these stories claiming "tentative approval early this year". Is that just a delay between legal filings and public announcements?
jgould
Feb 21, 04:02 PM
Anyway, on topic, setup. The Macbook is nearing retirement. Bonus points if you know what film that is on the screen (I just did an analysis of the score for my Film Music class at Uni).
No idea what film that is, but I do spy Handbrake on the MacBook, which looks identical to the one that I just retired. My optical drive in that machine was starting to go, I think. Only thing I've used the one in the new MacBook Pro for is to reinstall the OS after I got it...
No idea what film that is, but I do spy Handbrake on the MacBook, which looks identical to the one that I just retired. My optical drive in that machine was starting to go, I think. Only thing I've used the one in the new MacBook Pro for is to reinstall the OS after I got it...
Mattsasa
Apr 2, 09:42 PM
so basically they are telling us the only difference is that it is faster lighter and thinner and we should buy a new one for that. O ya we got a back camera that is useless to 99% of us and a front for facetime which again almost no one uses.
It is very obvious when someone has no idea what they are talking about, and just making up false information.
It is very obvious when someone has no idea what they are talking about, and just making up false information.
twoodcc
Oct 4, 11:54 AM
well i finally made it to 7 digits. over 1 million points for folding@home. now we just need more people to get the team striving again
coder12
Apr 21, 12:12 PM
Viruses collecting data on iOS?
... :confused:
... :confused:
Fukui
Mar 29, 12:04 AM
I would like to see Apple come out with a headless desktop, but not have it be a direct replacement for iMac or eMac, an interim of upgradeability between the PMac line (which as for how desktop machines go, this thing is very upgrade freindly on a whole, the PMac G4's especially) and the iMac with virtually none. A machine that has a AGP slot, processor can be removed/upgraded, one HD and one optical drive bay and maybe 1 or 2 PCI-X slots would be a perfect fit upgradeability wise between they're high and low end. I beleive that if they were to do this I would price it similarly to the iMac, basicly a trade-off monitor for upgrades.. put the right spin on it and I think there's a market for a machine like this.
I have to say this, more upgradability would definitely be needed more than lowering prices (a student can get an eMac for 699). If the eMac was easily able to change CPU/GFX Card HD and CD drive, I would even consider buying one. The thing is, apple would have a good chance to make lots of money on after-market upgrades that they are missing.
I have to say this, more upgradability would definitely be needed more than lowering prices (a student can get an eMac for 699). If the eMac was easily able to change CPU/GFX Card HD and CD drive, I would even consider buying one. The thing is, apple would have a good chance to make lots of money on after-market upgrades that they are missing.
CIA
Apr 13, 01:11 AM
+1 here. Every time I've tried to use iMovie for a "quick" edit it always ends in disasters like this. In my case, I was trying to move some music around and time my edits with the music. It was really infuriating trying to do this in iMovie compared to how fast I could have done it in FCP. I guess we'll have wait till Apple posts more info or we get it in our hands to really tell if it can be run like the current FCP.
I second this.
I second this.
shadowmoses
Aug 16, 01:16 PM
This whole iPhone thing is really annoying me I was about to start a contract and get an LG chocolate but these rumors are putting me off if its not announced at the next apple meeting it'll be the luscious LG chocolate,
In all honesty though I don't care for a iPhone I just want a true video iPod!!!
SHadoW
In all honesty though I don't care for a iPhone I just want a true video iPod!!!
SHadoW
HecubusPro
Aug 29, 03:37 PM
Well, may be off topic but the shipping times on the MacBooks has been inreasing on the Apple Store online U.S. since yesterday. They were at 3-5 business days yesterday and now they're all at 5-7. Could be something, could be nothing.
As has been reported, it's because of high demand due to the back-to-school season. Apple is having difficulty keeping up with that demand.
As has been reported, it's because of high demand due to the back-to-school season. Apple is having difficulty keeping up with that demand.
skunk
Mar 21, 01:52 PM
Can they really be this geometrically illiterate? Or is it just a misquote?
Gen Ham said there was "no intent to destroy completely the Libyan military".
But he added: "If they stop and take up defensive positions, we can attack. It depends on where they are and what their intentions are. If they attack civilians, it is within our mandate to attack them."
But Gen Ham said there had been no direct co-ordination with anti-Gaddafi rebels.
He also said the no-fly zone would soon expand to cover a 1,000-km (620-miles) area.
http://www.bbc.co.uk/news/world-africa-12802939
Gen Ham said there was "no intent to destroy completely the Libyan military".
But he added: "If they stop and take up defensive positions, we can attack. It depends on where they are and what their intentions are. If they attack civilians, it is within our mandate to attack them."
But Gen Ham said there had been no direct co-ordination with anti-Gaddafi rebels.
He also said the no-fly zone would soon expand to cover a 1,000-km (620-miles) area.
http://www.bbc.co.uk/news/world-africa-12802939
JDMFSeanP
Jan 2, 05:10 PM
http://i.min.us/idSwVK.png
Hybrid hunting in the 240 on the mountain roads :]
Hybrid hunting in the 240 on the mountain roads :]
Plymouthbreezer
Aug 7, 12:55 AM
Tis great. Can't wait.
Carniphage
Nov 30, 03:22 AM
I'll speak loud and clear:
DVR
iTunes Store can't now nor will it likely ever replace Dish Network for me. Just let me record my shows either directly with iTV or via something connected to it. I hope when this is released, HD DVD and Blu-ray make there way into Macs.
No No No No No!
All a DVR is - is a better VHS. A way of watching broadcast TV a little more easily. It's a timeshifter, but it is not revolutionary.
DVRs are popular with the (few) people who have them because they end some of the scheduling tyranny of the broadcasters.
But the problem is not scheduling. The problem is broadcasting itself.
Every modern business has had to face up to the opportunities and challenges of the Internet. One of the most significant is what they call disintermediation. Cutting out the middle men. Buying direct.
TV needs to be disintermediated. The advertisers and the networks get in the way. There needs to be a better pathway between producers and consumers.
Advertisers screw-up television. They influence content. Great shows are pulled, not because they don't have enough enthusiastic viewers, but because they don't attract enough consumers of sanitary towels or tooth whitener.
Lousy shows clog up the airwaves because they attract a large number of bottom-dwelling viewers who might just notice the ad for low-price hemorrhoid cream.
Broadcast TV is a business model from the 50s which needs to die. But if you *really* want your TV content determined by the marketeers of ant-acid remedies then stick with your DVR. Stick with Celebrity Love Spacktard. Cheer it up for American Idle. Wave pom poms like a sixteen year-old for the vacuous, empty spam that the networks churn out, to fill the gaps between revenue-generating advertising.
But while dreaming of Celebutard Love Assault... just for a second, imagine how much better TV could be if we could pay Joss Wheadon for Firefly DIRECTLY, or pay someone to make Star Trek with the same level of integrity as Battlestar.
Hint - if it started to suck, we would stop paying.
I'd prefer my television direct.
Screw the advertisers. Screw the networks. Screw Rupert Murdoch. In fact, pull down your dish and cram it in Rupert Murdoch.
Go iTV
C.
DVR
iTunes Store can't now nor will it likely ever replace Dish Network for me. Just let me record my shows either directly with iTV or via something connected to it. I hope when this is released, HD DVD and Blu-ray make there way into Macs.
No No No No No!
All a DVR is - is a better VHS. A way of watching broadcast TV a little more easily. It's a timeshifter, but it is not revolutionary.
DVRs are popular with the (few) people who have them because they end some of the scheduling tyranny of the broadcasters.
But the problem is not scheduling. The problem is broadcasting itself.
Every modern business has had to face up to the opportunities and challenges of the Internet. One of the most significant is what they call disintermediation. Cutting out the middle men. Buying direct.
TV needs to be disintermediated. The advertisers and the networks get in the way. There needs to be a better pathway between producers and consumers.
Advertisers screw-up television. They influence content. Great shows are pulled, not because they don't have enough enthusiastic viewers, but because they don't attract enough consumers of sanitary towels or tooth whitener.
Lousy shows clog up the airwaves because they attract a large number of bottom-dwelling viewers who might just notice the ad for low-price hemorrhoid cream.
Broadcast TV is a business model from the 50s which needs to die. But if you *really* want your TV content determined by the marketeers of ant-acid remedies then stick with your DVR. Stick with Celebrity Love Spacktard. Cheer it up for American Idle. Wave pom poms like a sixteen year-old for the vacuous, empty spam that the networks churn out, to fill the gaps between revenue-generating advertising.
But while dreaming of Celebutard Love Assault... just for a second, imagine how much better TV could be if we could pay Joss Wheadon for Firefly DIRECTLY, or pay someone to make Star Trek with the same level of integrity as Battlestar.
Hint - if it started to suck, we would stop paying.
I'd prefer my television direct.
Screw the advertisers. Screw the networks. Screw Rupert Murdoch. In fact, pull down your dish and cram it in Rupert Murdoch.
Go iTV
C.
vincenz
Apr 12, 10:27 PM
That price tag doesn't seem so ridiculous.
macman2790
Nov 27, 01:19 PM
this would be cool. It would even be better if someone other than the digitimes discovered it.
Gregg2
Apr 17, 08:17 AM
Unless you're driving a BMW, Honda or Porsche, gear shifters on modern cars either are too "notchy" or overly-vague in terms of finding a gear, and the result is not very pleasant, especially in city driving.
Wow! You've driven every other kind of car as well? Or maybe that's "According to ______, (fill in name of magazine or auto guru)..."
Wow! You've driven every other kind of car as well? Or maybe that's "According to ______, (fill in name of magazine or auto guru)..."
theBB
Jul 18, 04:38 PM
About your claim that movies down take advantage of surround sound, you cannot be more wrong. Are you still watching VHS? Almost all DVDs using Dolby Digital 5.1 encoding and some better ones use DTS (which I love). These make a huge difference. Again, looking at the tech savvy customers that are early adopters, you have to think about movies like iRobot, Star Wars, War of the Worlds, Batman Begins, Spider Man 1 and 2, Bourne Supremacy, etc. These DVDs have impressive sound that cannot be expressed in stereo.
I know they are encoded with these formats, but very few DVDs actually take advantage of "directional" abilities of them. Yes, 5 speaker systems make you feel a bit more immersed in sound compared to just 2 small speakers on your TV. However, very few movies I watch gives me the feeling that something coming from behind just whizzed by me on the left side or some animal just roared or chirped on the right. Among these very few might be Bourne Supremacy or Star Wars, but liked I've said, a lot of movies just don't even bother working on that angle.
I know they are encoded with these formats, but very few DVDs actually take advantage of "directional" abilities of them. Yes, 5 speaker systems make you feel a bit more immersed in sound compared to just 2 small speakers on your TV. However, very few movies I watch gives me the feeling that something coming from behind just whizzed by me on the left side or some animal just roared or chirped on the right. Among these very few might be Bourne Supremacy or Star Wars, but liked I've said, a lot of movies just don't even bother working on that angle.
twoodcc
Dec 12, 07:58 PM
yeah we all have to keep it going! things should get better when smp2 and gpu3 get here also
fafner
Mar 26, 03:36 AM
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_2_1 like Mac OS X; sv-se) AppleWebKit/533.17.9 (KHTML, like Gecko) Mobile/8C148)
The Apple TV 3 Will have this power, and then pairing up with anoter iOS device would be nice. All controls on the touch/iPad/phone pushing the graphics from the apple TV.
And you players are you looking at your mice when moving it around?
I am looking at the cursor...
Have you seen a modern fighter jet cocpit, less and less buttons and more and more displays...
The Apple TV 3 Will have this power, and then pairing up with anoter iOS device would be nice. All controls on the touch/iPad/phone pushing the graphics from the apple TV.
And you players are you looking at your mice when moving it around?
I am looking at the cursor...
Have you seen a modern fighter jet cocpit, less and less buttons and more and more displays...
mogwia
Oct 24, 06:25 AM
america down too!! JEEEEEE :) :confused: :eek: