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How Apple names things

nicolas.kruchten.com

201–202 of 202 posts

Re: How Apple names things

#201
post #15

Can anyone elaborate on the process how companies like Apple can get registered TMs on pretty much any seemingly generic term — Is it that they simply buy out any existing mark that would be remotely conflicting? Some extremes: Soundtrack, Afterburner, Aperture, Cocoa, Exposé, etc.

Trademarks are allowed to be 'generic' English words, they just can't be purely descriptive of the product/service/company. You can't trademark a name like 'Computer Store' for your computer store, for example. In the cases you list, I don't think any of these purely describe the app/feature's function (these are pretty opaque names actually, except maybe Soundtrack and Aperture), so should be eligible. 'App Store',…

> Edit: Did a bit of looking into the App Store trademark and it looks like both Amazon and Microsoft did challenge this, but both settled out of court with unknown terms, and the trademark stands as a result.

This is a great example of how the USA legal system is broken.

The responsibility for preventing bad trademarks from being registered should not lie with other gigantic companies, which have as much incentive to collude as to compete.

Now the public suffers because the bad trademark stands, and the people who are likely to be harmed by trademark trolling (smaller companies that do not have the money to fight Apple's questionable trademark) remain at risk of harm, potentially indefinitely, because trademarks don't expire under US law.

If the case went through the full court system, then at least the outcome would be decided in the public eye and could be said to have been fairly evaluated and decided. A settlement is as if the case never happened at all!

Re: How Apple names things

#202
post #90

Earlier quoted context omitted.

I mean IOS was already a thing when they named the iPhone’s operating system that. In fact, I think they got in an argument with Cisco over it? Guessing they think of a consumer hasn’t likely heard of it it won’t be confusing.

There was also a lawsuit about Mac OS 9 and OS-9.

Then it's tradition. rOS it is!
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