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Apple to Bonobo – Retina is trademarked, change your app name

bonobolabs.com

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Re: Apple to Bonobo – Retina is trademarked, change your app name

#21

Post by frobozz »

Not so long ago, a certain fruitily named computer manufacturer decided to distribute music, and were sued by an older, and similarly fruitily named record company for not only violating their trademarks, but violating a specific agreement not to encroach on the record company's turf.

The fruitily named computer company won the case on the grounds that they were only selling, and not producing music.

Surely the same thing applies here - Bonobo's Unretina only modifies images, it does not provide hardware on which to display them.

Re: Apple to Bonobo – Retina is trademarked, change your app name

#22

Post by tesseract »

tzs wrote: post #18
megaman821 wrote: post #11

Earlier quoted context omitted.

That aren't "enforcing" their trademark in the courts where the attempt would probably be unsuccessful, they are just threating a guy with app store removable unless he does what they say. The trademark summary says 'Electronic hand-held game units other than those adapted for use with an external display screen or monitor;'

I don't see why they would be unsuccessful in court. "Retina" is not a term normally associated with displays, so I see no problem with it as a trademark.

But in this context it has nothing or very little to do with displays - just images. Does the trademark still apply? We almost certainly won't find out, since lawsuits are so expensive that Bonobo will presumably just acquiesce.

Re: Apple to Bonobo – Retina is trademarked, change your app name

#23

Post by jfager »

buggalug wrote: post #16
jasonlotito wrote: post #4

You can't take product's name and use that product's name in your product when your product is about the original product without the owner's consent, even if the word is common. I find it funny that Bonobo would wonder that Retina is trademarked, considering the parent company is known as Apple. Bonobo might feel they are in the right, but Unretina is using Retina specifically because of Apple's product, and it's di…

I think you missed the point. It's a Mac app to downsize images. The trademark is for 'Electronic hand-held game units other than those adapted for use with an external display screen or monitor;'. Also Apple were happy with the name for the first 6 weeks of the Mac App Store being open.

It is possible to have more than one trademark for a given word, and Apple has (at least) two for "retina":

http://tess2.uspto.gov/bin/showfield?f=doc&state=4003:o8... http://tess2.uspto.gov/bin/showfield?f=doc&state=4003:o8...

The one not mentioned in the article is for "Computers; computer hardware; computer displays; computer software; handheld mobile digital electronic devices used as a telephone, handheld computer, personal digital assistant, electronic organizer, and electronic notepad, and used to access the Internet, electronic mail, and other digital data".

Re: Apple to Bonobo – Retina is trademarked, change your app name

#24

Post by jasonlotito »

buggalug wrote: post #16
jasonlotito wrote: post #4

You can't take product's name and use that product's name in your product when your product is about the original product without the owner's consent, even if the word is common. I find it funny that Bonobo would wonder that Retina is trademarked, considering the parent company is known as Apple. Bonobo might feel they are in the right, but Unretina is using Retina specifically because of Apple's product, and it's di…

I think you missed the point. It's a Mac app to downsize images. The trademark is for 'Electronic hand-held game units other than those adapted for use with an external display screen or monitor;'. Also Apple were happy with the name for the first 6 weeks of the Mac App Store being open.

> I think you missed the point. It's a Mac app to downsize images

I got that. As has also been mentioned, the trademark is for other things as well.

Essentially, Apple's Retina display is a specific trademark. Unretina isn't billed as an app to downsize images. Rather, it's an app that downsizes Retina® images.

Essentially, their marketing is piggybacking on Apple's trademark.

> Also Apple were happy with the name for the first 6 weeks of the Mac App Store being open.

That's an awful assumption based on no evidence. That it was on the App Store only means that they hadn't yet decided to take action, or that those responsible for taking action hadn't decided they should.

Re: Apple to Bonobo – Retina is trademarked, change your app name

#25

Post by jasonlotito »

megaman821 wrote: post #11
jasonlotito wrote: post #8

Earlier quoted context omitted.

> I feel if Microsoft or Adobe had the same policies as Apple they would be riots in the street, but Apple mostly gets a free pass. I'm confused. Are you saying MS and Adobe should be able to protect their trademark, or that they shouldn't?

That aren't "enforcing" their trademark in the courts where the attempt would probably be unsuccessful, they are just threating a guy with app store removable unless he does what they say. The trademark summary says 'Electronic hand-held game units other than those adapted for use with an external display screen or monitor;'

One trademark summary. Another: " Computers; computer hardware; computer displays; computer software; handheld mobile digital electronic devices used as a telephone, handheld computer, personal digital assistant, electronic organizer, and electronic notepad, and used to access the Internet, electronic mail, and other digital data" Serial Number: 85056807 - http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=401...

Same source as the story: http://www.trademarkia.com/retina-85056807.html

Re: Apple to Bonobo – Retina is trademarked, change your app name

#26

Post by gte910h »

I believe most people who get notices like this knew what they were doing, and are using the event to get press to their product, esp since for this type they have to change the name.

I feel a great many "think it sucks" but knew it was a danger going in, and are fine complying.

Re: Apple to Bonobo – Retina is trademarked, change your app name

#27

Post by jasonlotito »

tesseract wrote: post #22
tzs wrote: post #18

Earlier quoted context omitted.

I don't see why they would be unsuccessful in court. "Retina" is not a term normally associated with displays, so I see no problem with it as a trademark.

But in this context it has nothing or very little to do with displays - just images. Does the trademark still apply? We almost certainly won't find out, since lawsuits are so expensive that Bonobo will presumably just acquiesce.

You weren't aware of it, but it's been posted in other locations that another trademark for Retina by apple specifically covers software.

Re: Apple to Bonobo – Retina is trademarked, change your app name

#28

Post by tesseract »

jasonlotito wrote: post #27
tesseract wrote: post #22

Earlier quoted context omitted.

But in this context it has nothing or very little to do with displays - just images. Does the trademark still apply? We almost certainly won't find out, since lawsuits are so expensive that Bonobo will presumably just acquiesce.

You weren't aware of it, but it's been posted in other locations that another trademark for Retina by apple specifically covers software.

Ah, thanks.
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