Mike84
Apr 26, 02:29 PM
You make it sound as though this is such an obvious distinction that Apple could never get a trademark for "app store". But apparently this argument is not so strong in trademark law as Apple actually has the trademark already. If that were not the case how could they sue another entity for trademark infringement?
I think all of you who believe you have trademark law all figured out should keep this in mind. Apple has a trademark for app store. Previously another company had a trademark for "appstore" which is very similar.
You can write about the topic as though you have it all figured out but clearly your interpretation is not definitive as Apple was awarded the trademark.
Now perhaps eventually apple will lose it or have to modify it but the fact that they got the trademark and a legal battle would need to be waged for them to lose proves that your opinion of trademark law in this case is oversimplified.
It was.
Can you please show me the trademark that was granted to Apple for App Store by the USPTO? You won't be able to find it because their trademark has not been approved. An opposition to their application was filed, if you didn't catch that from the text.
Trademark is having property rights in a trade name. Apple, or any other company, can file to protect a trademark they have been using and the USPTO decides if it is too generic to be an actual trademark. I suggest you learn about the process of how trademarks.
"How does a mark qualify for federal registration?
To register a trademark with the PTO, the mark's owner first must put it into use " in commerce that Congress may regulate." This means the mark must be used on a product or service that crosses state, national or territorial lines or that affects commerce crossing such lines--for example, a catalog business or a restaurant or motel that caters to interstate or international customers. Even if the owner files an intent-to-use (ITU) trademark application (ITU applications are discussed in the previous set of questions), the mark will not actually be registered until it is used in commerce."
Source: http://www.inc.com/articles/1999/10/14646.html
Also, take a look at the Lanham Act, which is pretty important when it comes to trademark law ;)
http://en.wikipedia.org/wiki/Lanham_Act <-- particularly Subchapters I and II.
Just because you use a mark does not mean you have been granted the trademark rights in it.
So, as you can see Apple does not have the trademark to App Store. Therefore, your argument fails on that premise alone.
I think all of you who believe you have trademark law all figured out should keep this in mind. Apple has a trademark for app store. Previously another company had a trademark for "appstore" which is very similar.
You can write about the topic as though you have it all figured out but clearly your interpretation is not definitive as Apple was awarded the trademark.
Now perhaps eventually apple will lose it or have to modify it but the fact that they got the trademark and a legal battle would need to be waged for them to lose proves that your opinion of trademark law in this case is oversimplified.
It was.
Can you please show me the trademark that was granted to Apple for App Store by the USPTO? You won't be able to find it because their trademark has not been approved. An opposition to their application was filed, if you didn't catch that from the text.
Trademark is having property rights in a trade name. Apple, or any other company, can file to protect a trademark they have been using and the USPTO decides if it is too generic to be an actual trademark. I suggest you learn about the process of how trademarks.
"How does a mark qualify for federal registration?
To register a trademark with the PTO, the mark's owner first must put it into use " in commerce that Congress may regulate." This means the mark must be used on a product or service that crosses state, national or territorial lines or that affects commerce crossing such lines--for example, a catalog business or a restaurant or motel that caters to interstate or international customers. Even if the owner files an intent-to-use (ITU) trademark application (ITU applications are discussed in the previous set of questions), the mark will not actually be registered until it is used in commerce."
Source: http://www.inc.com/articles/1999/10/14646.html
Also, take a look at the Lanham Act, which is pretty important when it comes to trademark law ;)
http://en.wikipedia.org/wiki/Lanham_Act <-- particularly Subchapters I and II.
Just because you use a mark does not mean you have been granted the trademark rights in it.
So, as you can see Apple does not have the trademark to App Store. Therefore, your argument fails on that premise alone.
quagmire
Mar 12, 06:16 PM
EDIT: I forgot to post this earlier: a GM spokesman has denied (http://www.vindy.com/news/2011/feb/22/diesel-cruze-report-refuted/) that the North American Cruze diesel has gotten the green light for production. He seems to imply that GM is waiting to gauge reactions to the existing Cruze lineup before making a decision on a diesel option. So, no new information really. It's obviously a product under consideration, but it seems unlikely we'd see it in showrooms till late next year at the earliest.
Do you think GM would confirm an internet report of a diesel Cruze coming? Unless it comes from themselves, they won't confirm anything.
Do you think GM would confirm an internet report of a diesel Cruze coming? Unless it comes from themselves, they won't confirm anything.
motulist
Aug 7, 04:02 AM
And cars are going to come with a special dock built in to the dash that interfaces your iPhone with your car. They're calling it the Apple Basket.
PeteyKohut
Sep 6, 07:40 PM
::::Queue the dream sequence/back in time music:::::::
Remember several months ago when there were rumors circulating about an app that would trump Final Cut Studio? It was supposed to make FCS the "mid-range" suite. So, it would be iLife, FCS, and the new killer app. I remember the rumors mentioning something about it being a sort of "all in one" app. Final Cut, Motion, and Soundtrack all in one.....something like that. Anyways, we will definitely see new iPods, though it will only be a storage bump, and yes, I see Disney movies kids, but that's it for the downloadable movies.
What else might be introduced is anyone else's guess. Rarely have these types of events been used for "pro" stuff, but...hey, who can predict what Steve will do.
Remember several months ago when there were rumors circulating about an app that would trump Final Cut Studio? It was supposed to make FCS the "mid-range" suite. So, it would be iLife, FCS, and the new killer app. I remember the rumors mentioning something about it being a sort of "all in one" app. Final Cut, Motion, and Soundtrack all in one.....something like that. Anyways, we will definitely see new iPods, though it will only be a storage bump, and yes, I see Disney movies kids, but that's it for the downloadable movies.
What else might be introduced is anyone else's guess. Rarely have these types of events been used for "pro" stuff, but...hey, who can predict what Steve will do.
AidenShaw
Nov 29, 08:37 PM
Living room, car, blah blah blah.
Nobody has yet delivered a truly GOOD streaming media solution for my hot air balloon. Are you listening Apple???!!!!! :mad:
M. Jobs can be an expert at emitting hot air... ;)
Nobody has yet delivered a truly GOOD streaming media solution for my hot air balloon. Are you listening Apple???!!!!! :mad:
M. Jobs can be an expert at emitting hot air... ;)
iTim314
Apr 2, 01:58 PM
Not sure if anyone has noticed this, but the kernel under Lion boots 64-bit by default. In Snow Leopard, you had to press 6+4 upon boot to use a 64-bit kernel.
frankie
Aug 25, 11:09 AM
1. Apple doesn't pay those prices.
2. No way is Apple going to keep shipping any Yonah processors.
3. Any speed Solo Yonah will be history with this refresh.
4. It's gonna be 1.66GHz Core 2 Duo T5500 and 1.83GHz Core 2 Duo T5600 minis.
5. I expect the iMac to sport faster Conroes in a completely new designed enclosure that can deal with the additional heat a Conroe setup will generate.
![bieber water. [New] Justin Bieber Agrees To](http://www-hollywoodlife-com.vimg.net/wp-content/uploads/2010/08/080910_justin_bieber_SEV079910CovStory0081.jpg "[New] Justin Bieber Agrees To")
[New] Justin Bieber Agrees To
Justin+ieber+water+bottle
Justin+ieber+water+fight+
Bieber throwing a water
Justin+ieber+getting+hit+
justin ieber water slide.
Bieber is in hot water
Tired of Justin Bieber#39;s water
Justin+ieber+water+fight+
Justin+ieber+water+fight+
Justin+ieber+water+fight+
Bieber Gets Hit By a Water
2. No way is Apple going to keep shipping any Yonah processors.
3. Any speed Solo Yonah will be history with this refresh.
4. It's gonna be 1.66GHz Core 2 Duo T5500 and 1.83GHz Core 2 Duo T5600 minis.
5. I expect the iMac to sport faster Conroes in a completely new designed enclosure that can deal with the additional heat a Conroe setup will generate.
PBF
Apr 1, 09:28 PM
^ Yup, same here. A little bit annoying having to reopen the same window.
spcdust
Apr 20, 08:30 AM
The 6950m and 6970m are also available in 2gb models. That would help with the larger resolution of the 27" display. Let's hope for that as well!
2GB GDDR5 Memory would make me very happy.
2GB GDDR5 Memory would make me very happy.
andrewbecks
Apr 19, 07:31 PM
Yay! I've been waiting for a while to purchase an iMac. I'm trading in my MBP for an iMac. I need the processing horsepower and display size (27") more than I need a portable computer these days, especially since I have an iPad and an old first gen black MacBook that will do in a pinch.
Multimedia
Sep 8, 09:28 PM
Number of posts in this thread seem to indicate that this update has been underwhelmingWhen it goes C2D that will be a bigger deal. But it's still hard to get exceted about a Mac with this little power costing even $599 w/o a Superdrive. Seems like the 17" iMac @ $899 academic is a mini killer to me. At least that way you have the potential of two screens.
If the mini had two DVI ports that would make it much more attractive. It's the only Mac that can't run two screens.
If the mini had two DVI ports that would make it much more attractive. It's the only Mac that can't run two screens.
dernhelm
Nov 29, 07:53 PM
I'm glad that he confirmed this. Otherwise Macworld in January would be memorable for all the wrong reasons.
Mr. Jobs finished his keynote with the startling admission that there is nothing left: "That's all folks! We've got nothing else in development. See you in 2010."
:D
I'm tellin' ya! I'm in the wrong business. Forget all this deadline - get product out carp. Get in to journalism where all you need to do is restate the obvious with a few well-placed typos, and Bob's your uncle.
Ahhh! I'm blind!
:rolleyes:
Mr. Jobs finished his keynote with the startling admission that there is nothing left: "That's all folks! We've got nothing else in development. See you in 2010."
:D
I'm tellin' ya! I'm in the wrong business. Forget all this deadline - get product out carp. Get in to journalism where all you need to do is restate the obvious with a few well-placed typos, and Bob's your uncle.
Ahhh! I'm blind!
:rolleyes:
TheIguana
Jul 18, 02:45 AM
Thing is Steve Jobs is going to pull the usual trick (stupid contracts) and only release this to the American public. Rubbish if you ask me, we live in a world of more than one country. Which is why this sounds like another stupid pipe dream that the rest of the world will never get to enjoy *points at TV shows*.
Iggy :rolleyes:
Iggy :rolleyes:
aswitcher
Jan 13, 01:44 PM
not to mention:
MacBook OZONE
MacBook CO (monoxide)
MacBook ARGON
MacBook METHANE
MacBook HYDROGEN
MacBook XENON
MacBook NEON
MacBook KRYPTON
I could go a MacBook Xenon (quad core) ;)
MacBook OZONE
MacBook CO (monoxide)
MacBook ARGON
MacBook METHANE
MacBook HYDROGEN
MacBook XENON
MacBook NEON
MacBook KRYPTON
I could go a MacBook Xenon (quad core) ;)
BrianMojo
Jul 19, 04:59 PM
nope just putting iTunes on the phone
Well, he clearly dismissed all current MP3/Phone integration setups and said that they're not just sitting around. It's no outright admission, but I'd say that's pretty revealing -- if he was refering to iTunes on a phone, I feel like he would've had a talking point ready for it. This seemed more like a "er, I just backed myself into this sentence" type thing.
Well, he clearly dismissed all current MP3/Phone integration setups and said that they're not just sitting around. It's no outright admission, but I'd say that's pretty revealing -- if he was refering to iTunes on a phone, I feel like he would've had a talking point ready for it. This seemed more like a "er, I just backed myself into this sentence" type thing.
Lukeit
Mar 31, 10:58 AM
I won't get a chance to get this installed for a few days but one of the things I noticed about the new version of Safari was that if you dragged a picture from Safari onto your desktop or a folder that it would create a link rather than downloading the picture to that folder. Can anyone with DP2 confirm this is still the case?
Nope... that has been fixed !!!1 Now it works properly and you get to drag a picture!
Nope... that has been fixed !!!1 Now it works properly and you get to drag a picture!
AidenShaw
Apr 26, 02:05 PM
"nuh-uh, I've been using app, since blah blah..."
-congratulations (but we're talking about millions, not 1 and a few friends)
Try hundreds of millions, or billions.
DOS and Windows 3 have used "app" as an abbreviation since before you were born.
-congratulations (but we're talking about millions, not 1 and a few friends)
Try hundreds of millions, or billions.
DOS and Windows 3 have used "app" as an abbreviation since before you were born.
HecubusPro
Sep 6, 06:37 PM
What's stopping you from doing that now?
I know I have all of my iTMS video backed up to data DVDs...
I know I won't be spending $10-$15 for anything less than DVD quality though, so I hope there's either a rental model or at least 480p.
B
I do backup all of my ipod videos on DVD. I was talking in terms of rentals that so many people are interested in here. Apple would have to implement some sort of copy protection for people who simply want to rent for a few days, so the movies can't be backed up to DVD. Sort of like Divx DVD back in the day. You bought the movie for $5, then after 48 hours it was unusable.
This brings up another point. There are a lot of "hackers" out there who, I would think, wouldn't have a lot of difficulty breaking encryption or copy protection on the possible movie rentals from iTunes. I think that would be another reason Apple would avoid rentals.
I know I have all of my iTMS video backed up to data DVDs...
I know I won't be spending $10-$15 for anything less than DVD quality though, so I hope there's either a rental model or at least 480p.
B
I do backup all of my ipod videos on DVD. I was talking in terms of rentals that so many people are interested in here. Apple would have to implement some sort of copy protection for people who simply want to rent for a few days, so the movies can't be backed up to DVD. Sort of like Divx DVD back in the day. You bought the movie for $5, then after 48 hours it was unusable.
This brings up another point. There are a lot of "hackers" out there who, I would think, wouldn't have a lot of difficulty breaking encryption or copy protection on the possible movie rentals from iTunes. I think that would be another reason Apple would avoid rentals.
Reventon
Apr 9, 10:13 PM
I learnt to drive manual on my brother's 1989 Honda CRX. Haven't drove stick in years though, sadly. :o
steve jr.
Jun 22, 06:13 PM
Hmmm, I see this being the next step for the iPad, not an iMac. A few people here have said the iPad needs more productivity - programming, word processing, etc, and I think this is it.
About it being too difficult to make the Mac OS completely touch ready, ehh, it's all tap, just a lot of elements to make tap ready.
End of the Mac? Not hardly! They're looking to make portable computers more powerful - not replace really awesome machines with less productive ones. The desktop will always exist in some form (with the nintendo 3DS - they achieved a "3D" holographic display that doesn't require glasses - my prediction, the next Mac UI), just how we use portable machines is changing because they are becoming more powerful.
About it being too difficult to make the Mac OS completely touch ready, ehh, it's all tap, just a lot of elements to make tap ready.
End of the Mac? Not hardly! They're looking to make portable computers more powerful - not replace really awesome machines with less productive ones. The desktop will always exist in some form (with the nintendo 3DS - they achieved a "3D" holographic display that doesn't require glasses - my prediction, the next Mac UI), just how we use portable machines is changing because they are becoming more powerful.
Vogue Harper
Jan 30, 04:46 AM
I like the idea of a pop-up navigation system!
Less chance of theft or break-in
Less chance of theft or break-in
ericinboston
Apr 20, 02:38 PM
My Mom's iMac is on its last legs. I think I got it for her in early 2006 and its screen is having some streaking problems. Otherwise it still works, but a lot of the latest Apple software won't load on it. ...
I'd be pretty ticked if my 4+ year old, $1300+ personal computer was a)having screen problems and b)was basically on it's last leg.
Every single Wintel and Mac machines I buy last at least 5 years...a high percentage of them last until 10 but by then they are so old it's almost pointless (such as only having USB 1.1 ports or old screen resolutions or floppy drives or small storage space) even though they run just fine.
You might want to spend $200 and see if it's just a memory and/or general performance problem that you can fix yourself.
I'd be pretty ticked if my 4+ year old, $1300+ personal computer was a)having screen problems and b)was basically on it's last leg.
Every single Wintel and Mac machines I buy last at least 5 years...a high percentage of them last until 10 but by then they are so old it's almost pointless (such as only having USB 1.1 ports or old screen resolutions or floppy drives or small storage space) even though they run just fine.
You might want to spend $200 and see if it's just a memory and/or general performance problem that you can fix yourself.
andiwm2003
Nov 15, 02:32 PM
So, that means that there's no practical reason Apple couldn't give an 8-core BTO option right away... Say, for around an additional $999? (The 3GHz quad-core model is an additional $799.) For those that need it, the extra $200 would be well worth it. For those that just want the bragging rights, well, I guess they can afford the $200.
let's see if there will be a cpu market. people buy quadcore chips to max out their 3.0 mac pros. then they sell their 3.0 chips to the owners of 2.0 mac pros. i wish there was a way to put the 2.0 xeons into mac mini's;)
let's see if there will be a cpu market. people buy quadcore chips to max out their 3.0 mac pros. then they sell their 3.0 chips to the owners of 2.0 mac pros. i wish there was a way to put the 2.0 xeons into mac mini's;)
Surely
Jan 12, 10:09 AM
I think that "Air" is a good name and it really could be the name, think of the iPhone, no one thought that would be the actual name, but it is was and is! So we shall see in a few days...
And the reason its not "Lite" or "Light" is because they have been used a million times, and Apple thinks different :)
Really? I guess they've never heard of Nike before then.
People thought the iPhone would be called the iPhone for years.
I think that they should go with 'MacBook Pump' instead. The Reebok Pumps were so cool. Pump it up!
http://www.flytip.com/blogs/sneaker_culture/archives/images/alife_pump.jpg
And the reason its not "Lite" or "Light" is because they have been used a million times, and Apple thinks different :)
Really? I guess they've never heard of Nike before then.
People thought the iPhone would be called the iPhone for years.
I think that they should go with 'MacBook Pump' instead. The Reebok Pumps were so cool. Pump it up!
http://www.flytip.com/blogs/sneaker_culture/archives/images/alife_pump.jpg