News & Analysis as of

iOS 8: Bigger, Faster, But Still Not A Valid Trademark (Yet)

Although the iPhone 6 was the headliner, Apple’s release of iOS 8 was a respectable supporting act. Unfortunately though, the negative headlines keep coming in as poor performance reviews have kept more than half of Apple...more

A Powerful New Trademark for Apple?

All eyes were on Apple on Tuesday, September 9th as Apple unveiled a new line of products. The new line includes the iPhone 6 as well as the long awaited, expected, and rumored Apple watch (which, after years of speculation,...more

That’ll Leave a Mark : The CJEU rules on Apple interiors and the shapes of things to come

Ever since I was old enough to appreciate them, I have enjoyed the Peanuts stories by the late Charles Schulz. Being young, it took me a while to realise that the cartoons, and particularly what the characters did or said,...more

A Window into the Future for Apple’s Trade Dress?

A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below...more

Apple’s Word Count for Non-Verbal Branding

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding....more

Design Patent Wars: The Icon Menace

Much of the success of Apple products can be traced to Apple’s emphasis on design as being equal or greater than the technical advancement of its products. Talking with a product designer the other day, we both remarked on...more

Apple is fighting back in Brazilian courts to get its iPhone trademark

In February 2013, the Instituto Nacional Da Propriedade Industrial (the “Brazilian Patent and Trademark Office”), ruled that Gradiente Electronica (“Gradiente”), not Apple, owned the “iPhone” mark in Brazil. The “iPhone” term...more

Apple Store Design Now a Registered Trademark

Duets readers everywhere may recall my shock back in June 2011 when I encountered the first Microsoft brick-and-mortar store at the Mall of America. Now, about two years later, the store is still there, located right across...more

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more

Trademark Review - Volume 3 | Issue 1 January 2013

In This Issue: • Bottle Design and Bottle Cap Design Are Both Entitled to Trademark Registration • Disney Owns Winnie-the-Pooh Trademarks • Apple Loses Claim Against Amazon for Use of Appstore - Excerpt...more

The APP STORE Trademark Wars: New Year’s Installment

Amazon has recorded another success in its battle with Apple over use of the term APP STORE. The U.S. District Court in California has granted Amazon’s motion for summary judgment on Apple’s claim of false advertising...more

An APP STORE by Any Other Name Would Still Smell Like Apples

I use a well-publicized decision to teach some important concepts about intellectual property law to non-specialists. The idea is that non-specialists, even non-lawyers, would benefit from this basic knowledge, even if they...more

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