Apple trademarks iPod's design, applies for iPhone design mark
Quick, what's the best way to dress up an otherwise dry piece on how companies can register non-traditional trademarks? If you answered "mention Apple and the iPod," you're the big winner -- and you've gotten yourself published in the Wall Street Journal. We'll be the first to admit that Apple's January registration of the three-dimensional design of the iPod strains credulity, but the simple fact is that non-traditional trademarks have been around for a while now -- we seem to remember a little kerfuffle regarding magenta recently, but we can't quite recall the exact details. Similarly, Nokia trademarked the 12 notes of its default ringtone back in September (even though they're part of a larger piece written in 1902 called "Gran Vals"), NBC has a mark on its ding-ding-ding station ID, and Coca-Cola has registrations for basically every bottle design it sells. Still, you can bet Apple legal threw quite a pizza party when this mark was approved -- and we can only imagine the kind of buttoned-down corporate lawyer jam that'll go down if the company succeeds in getting a mark on the design of the iPhone, which it's currently applied for. Hope you're ready for some more funktastic control layouts.Read - WSJ article
Read - Apple iPod design trademark
Reader Comments (Page 1 of 1)
Ryan Trevisol @ May 12th 2008 9:39PM
Yes, whatever became of that magenta-fest? It seems you guys tweaked your logo . . .
iH8Engadget @ May 12th 2008 10:16PM
Sorry if these seems nieve, but what exactly does this mean? I read it and still don't understand. :-(
robert @ May 13th 2008 12:35AM
Nieve? Snow?
Ryan Trevisol @ May 13th 2008 8:32AM
Here you go:
http://www.engadget.com/2008/04/01/painting-the-town-magenta/
One of the best april fool's pranks of all time.
helloUser @ May 12th 2008 9:43PM
I feel pretty embarrassed owning a mac and paying for Apple products. The only thing, ONLY thing that makes me continue buying apple products (which isnt many) is OS X. Everything else about apple seems to resemble 'Big Brother'
....hey, didnt they oppose that in 1984 with their Mac commercial?
bondsbw @ May 12th 2008 10:35PM
It makes sense though... Apple's business model centers around the design of their products. Apple trademarks those designs to keep identical designs from coming into the market, confusing consumers into thinking they are buying a product that is the same quality as their friend's iPod. That opens up the door to consumers believing that Apple helped design the knockoff, and thus feel that all Apple products are as bad as the knockoff (of course, assuming that the knockoff is poor quality).
But when another company creates a nearly-identical design, well, Apple always seems to innovate in ways that keeps them ahead WITHOUT the need for trademark litigation. I've never seen Apple use trademarks as a business model. The same cannot be said for all companies today.
helloUser @ May 12th 2008 11:37PM
bondsbw:
apple was, and still is primarily a computer company. this whole idea of apple being a company based on 'design' only diverts attention from apples real agenda.
Abuzar @ May 13th 2008 9:27AM
"It makes sense though... Apple's business model centers around the design of their products. Apple trademarks those designs to keep identical designs from coming into the market, confusing consumers into thinking they are buying a product that is the same quality as their friend's iPod"
Since when are iPods known for good quality? They break all the time.
Seth @ May 12th 2008 9:45PM
At the rate we're going, Apple will have enough patents to declare every product on the market a trademark infringement. This day will come in... 4.3 months.
DESTOS @ May 12th 2008 10:03PM
"You sir! Where did you get that face!"
"Uhh, what?"
"Those eyes look far too much like scroll wheels, we will be seeing you in court."
Seth @ May 12th 2008 10:08PM
Exactly what I meant. I can see the day were the general shape of a CIRCLE will be classified as a copyright infringement. At this time, the human race will change and only have cube shaped heads.
Mike @ May 12th 2008 11:17PM
maybe they'll trademark the trademark process and basically buy the government?
Othello @ May 12th 2008 9:49PM
Seriously, how can you trademark a featureless cuboid?
Keith @ May 12th 2008 9:53PM
And don't forget that Harley Davidson tried to trademark the "sound" that their bikes make. I'm not exactly sure how that turned out, but they sure had guts for trying.
marty.com.au @ May 12th 2008 9:58PM
So where does LG stand with the design of their phone wich apple coppied then?
fred @ May 12th 2008 10:02PM
Apple has trademarked distorting reality too.
ez18 @ May 12th 2008 11:20PM
Just because the prada came out a bit before the iphone doesn't mean apple copied them. Do you think 10 mins before the iphone was announced steve jobs said hey I like that design lets copy LG? They were working on the iPhone for three years the design being one of the major factors was created way before the Prada was even thought of. As a side point lets be serious do you actually beleive that Apple... masters of designs would actually copy the likes of LG?!? LMAO......
nikster @ May 13th 2008 2:55AM
What's a LG Prada?
Matthew @ May 12th 2008 10:05PM
Euclid is gonna be pissed about this one
Maestro @ May 12th 2008 10:05PM
Apples take a dump, reaches for toilet paper. (Verdict: Needs to wipe more).
thepumpkingdom @ May 12th 2008 10:10PM
how can you trademark a braun radio?
muvment @ May 12th 2008 10:12PM
The author does not understand what a trademark is. A trademark is a source identifier used in connection with a good or trade. It is only able to stop others from using it when associated with a good or trade in the same class (category), Furthermore, one cannot trademark a useful design, that is reserved for patents.
Apple has a justifiable right to register the design of the ipod as a trademark as long as nobody else can say that the design is that way for function, not aesthetics. (Apple would also have to show that there is more than one way to build a mp3 player's aesthetic design besides their's)
Finally, trademark is for the benefit of the consumer. The USPTO and law makers are trying to prevent consumer confusion.
P.S. one does not 'trademark' anything. One 'registers' a trademark. Trademark is not a verb.
wow, i sound kind of pretentious. not intending to, sorry.
Rakar @ May 12th 2008 10:19PM
Wrong
http://www.merriam-webster.com/dictionary/trademark
Check out the transitive verb definition. Nice job trying to be a smartass.
Seth @ May 12th 2008 10:20PM
Someone just got PWNed.
(I hate saying that word, but, it was for a good cause this time)
Nilay Patel @ May 12th 2008 10:25PM
So as it happens, I'm a copyright / trademark attorney. What is it you think I don't understand? I was just trying to point out that although these types of marks are somewhat common, Apple's is pretty ballsy for what it is.
sinai @ May 12th 2008 10:30PM
don't you mean you're a trademark registering attorney? >:3
muvment @ May 13th 2008 1:10AM
called out by the author. You can agree w/ me that trademark should not be used as a verb? just like the trademark itself (e.g. you don't xerox something, you do a xerox brand copy, or else risk generifying it). Same as you don't 'copyright' something, you 'register' the copyright.
Othello @ May 13th 2008 5:05AM
Did you just ignore the other post correcting you muvment or is English just a second language to you?
muvment @ May 13th 2008 2:32PM
I ignored it.
Fernando @ May 12th 2008 10:26PM
*hums nokia tune*
sinai @ May 12th 2008 10:29PM
you can trademark "rectangle with rounded corners" now?
im gonna trademark 13 stripes and sue america!
Steffen Jobbs @ May 12th 2008 10:44PM
Man, I was getting worried. I hadn't seen an article mentioning iPhone or Apple for a few hours and I thought Endgadget was listening to those people that don't care for Apple rumors and speculation. This article is very pertinent though.
Apple needs to put some trademarks on anything that even remotely resembles the iPhone or apples or multi-touch or rectangular or anything you hold in your hand and put to your face. Definitely not allow a chrome border around anything with a glass face. That'll stop those copycats dead in their tracks.
Jeff Lewis @ May 12th 2008 10:49PM
What amazes me is the severe multi-personality disorder that goes on here.
It's WRONG WRONG CRAPTULAR when someone copies Apple's designs... yet it's equally WRONG WRONG CRAPTULAR when Apple protects its intellectual property.
Pick ONE side and stick to it - this waffling is giving me whiplash.
0megapart!cle @ May 13th 2008 12:40AM
How exactly, are they going to trademark the iPhone's design. The concept of a device with a screen filling most of the outer surface and a single button below is so generic, this would really hamstring other companies. And I can't imagine that a device hasn't come out before the iPhone with that same basic design.
Reader @ May 13th 2008 2:28AM
I think they'd have to patent the iAss-Dick to sue you, no? Now the rest of us would be in trouble.
roole @ May 13th 2008 3:54AM
Me one happy AAPL shareholder! :-P
happy_penguin @ May 13th 2008 4:12AM
Good god, people. It's not just about a simple design. It's about a design and how it's applied. Apple is right to do this. It doesn't mean that any design which remotely resembles the iPhone will be in violation, even if Apple does try to pursue it as such. That's up to the patent office to decide. The one thing Apple has is the design of it's products because most of the technologies they use are not innovative. They need to protect that. It's no different for any other company.
Ron Holmes @ May 13th 2008 5:19AM
I don't think they're doing this for any reason than to protect themselves. Imagine if someone else did it, and then sued Apple - there are a lot of ipods out there. That's a hell of a lot of money for someone to sue Apple for.
Zorque @ May 13th 2008 5:19AM
Some of you seem confused and think Apple's trademarking just a cube. They're really trademarking an MP3 player with rounded corners, a scroll wheel with a button in the center, a screen, dock port, etc. It's a pretty distinctive design and I don't know why it's so wrong of them to keep people from ripping it off and/or trying to mislead consumers.
HI HO @ May 13th 2008 9:11AM
It's doubtfully this will be approved when considering that at lest 1 of the key design feature is actually patented buy some 1 els such as the scroll wheel and if u remove that its no different then any other mp3 player
looks like apple trying to pull fast one again
and yes apple was sued and lost over the scroll wheel but won the right to continue using it but they don't own
bioadam @ May 13th 2008 9:37AM
Trade dress is commonly registered as a trademark. Any source identifier can be registered as a trademark, even smells. In other words, big whoop?