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Apple seeks to trademark “startup” in Australia

startupsmart.com.au

71–73 of 73 posts

Re: Apple seeks to trademark “startup” in Australia

#71
post #69
post #37

Earlier quoted context omitted.

The owner of a mark with a sufficient reputation can take action against dissimilar goods and services where they're riding on the goodwill of the mark of course so TMs are not completely limited to their classes. Rolex could sue me if used their marks on a good which they weren't registered in if I was trying to take unfair advantage of their mark, tractors for example. Whilst it's highly unlikely in this case that…

In Australia, McDonalds lost a case when they tried to stop McWilliams selling a "Big Mac" 2 litre bottle of wine, because no-one would mistake it for a hamburger. ( http://www.internationallawoffice.com/newsletters/detail.asp... )

Thanks for that. Interesting! Looks like in Australia there has to be a likelihood of confusion even where a mark has reputation.

This is not the case in the EU, where the mere act of taking unfair advantage/causing detriment is sufficient for a TM owner to take action, even where there is no likelihood of confusion. Likewise, in the US, a TM owner would also have an action for TM dilution which does not require confusion.

Re: Apple seeks to trademark “startup” in Australia

#72

Earlier quoted context omitted.

Well this interpretation is roughly on par. How does the fact that Google might employ shady practices as well really add anything to the discussion? Does that absolve Apple from any wrongdoings?

It is not about abosolving. My reply was about the wish to see move away from Apple and my point was that there is nowhere to move.

For mobile, FirefoxOS is around the corner.

For desktops, there's Linux.

Re: Apple seeks to trademark “startup” in Australia

#73
post #33

Earlier quoted context omitted.

IME, Linux has a long way to go for non-dual-head setups. I have four monitors with different geometries on two graphics cards on a Hackintosh and OS X handles it seamlessly. Ubuntu pukes hard and dies (or, almost as bad, just ignores monitors) when it can't figure out how it should handle them all in a single X session.

A single X session cannot span two graphics cards. X just doesn't support it. You're waiting on Mir or Wayland for that one. If you manage to get all four monitors on one card somehow, X can handle the multiple geometries just fine. Though it will generally do a terrible job of automatically detecting the right resolution. Love Linux, but this bit does disappoint.

I'm not waiting on anything. OS X supports it fine, and with a desktop environment on top that's much better for me.
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