Apple stunned consumers this week with the unveiling of the new, cost-effective iPad. The device resembles a larger version of the iPhone, but contains more computer-like capabilities than the popular phone. The iPad name, however, could already cause legal troubles for Apple. A unit of Fujitsu, Ltd. claims to have a trademark on the brand, and issued a statement Wednesday saying it was reviewing its options with legal counsel.
Tags: technology, trademark
I wish they would have picked a better name then iPad! But im still getting it.
Fujitsu, Ltd. filed a Federal Trademark Application for the mark IPAD, which they claim has been used in commerce since January 13, 2002, in connection with a “hand-held computing device for wireless networking in a retail environment” (Application Serial No. 76497338). When the application was published for opposition in September of 2009, Apple, Inc. filed a Request for Extension of Time to Oppose the application, as well as two such requests thereafter. No Notice of Opposition has yet been filed by Apple, Inc. It sounds like a federal trademark infringement lawsuit may be coming.
I think that IPAD sounds and looks too much like IPOD. And sorry, Fujitsu, Apple’s IPOD was first (applied for and in use since 2001). I guess we’ll see what happens.
Fujitsu, Ltd. has a pending Application for Federal Trademark Registration directed to the iPAD mark. After a lengthy and checkered prosecution history, which included what appears to be an inadvertent abandonment of the application for failure to respond to a USPTO Official Office Action, Fujitsu’s Application survived the USPTO Examiner’s initial review, and was approved for Publication in September of 2009. On September 29, 2009, Apple filed a Request for Extension of Time to oppose Fujitsu’s application. The USPTO granted three extensions since then and no Notice of Opposition was filed yet. I am curious to hear the arguments. Generally, this will be resolved based on priority of use. Fujitsu claims a date of first use of 2002. I don’t see how Apple can beat that date of first use since the product was just launched, and the news of its development has been kept so secret.
Nice job JLu in taking it a step further. I agree that the similarity between the iPAD and iPOD marks might be dispositive. Fujitsu might have a laches defense against Apple though. Why didn’t Apple file suit for infringement if the iPOD mark against Fujitsu earlier given that Fujitsu has used the mark in 2002?
Does anyone have the iPAD? How is it?
Hi how are you i really liked this.
I heard you can only run one application at a time, and it has not phone capability. Many are saying that the iPAD is a disappointment.
You made some Good points there. I did a search on the topic and found most people will agree.
Excellent blog.
What’s your take of the iPad?
Man was I let down this thing could have been awesome instead they settled for a cheap device.
I cannot wait to get my iPad pre-ordered. They look great. I am just unsure whether to get the wifi or the 3g and which size to get.
Thank for the unusual article. The Apple iPad looks sweet. I will definitely be buying one. I am just undecided whether to get the wifi or the 3g and which size to get.
Just preordered my apple ipad today. Can’t wait for it to get here!
April 3rd is right around the corner, I am still not convinced how this thing is going to go over. When I compare it to a newer netbook its going to be difficult for me to justify getting one. I do like it and I like Apple products, I just don’t know if I’m going to get one of these.
I was looking for in regards to Apple’s amazing new device. Cant wait
Now that the iPad is poised for release, will Apples policy towards apps for the iPad be more lenient than the iPhone? Clearly, the iPad is not the iPhone and Apple needs to loosen up its hard policies.
The new Zune browser is surprisingly good, but not as good as the iPod’s. It works well, but isn’t as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that’s not an issue, but if you’re planning to browse the web alot from your PMP then the iPod’s larger screen and better browser may be important.
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Great article! I think it’s too much for a limited tablet. I’ll wait to price drop.
I was just searching google and found your blog, love it.
I’m looking to get the iPad. Does anyone have any recommendations on which memory would best suit me if I wanted to watch a few movies?
Have you downloaded any of the games for the iPad? I’ve heard they are pretty fun!
Apple doesnt just develop gadgets; they design solutions that individuals can see fitting into their lives eventually. As a university student with a brisk life, I reckon this being a very utilizable thing to own.
The affect this product will bring upon on the pc world is large. It will give us a more or less larger excuse to spend time messing around on the net. I would be tempted to buy the ipod if it cleansed up my room and did my wash!
Excellent read, I just passed this onto a colleague who was doing a little research on that. And he actually bought me lunch because I found it for him smile So let me rephrase that: Thanks for lunch!
I hope you will keep updating your content constantly as you have one dedicated reader here.