Apple Ping!
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Posted on 06/16/2011 1:34:01 AM PDT by Swordmaker
A New York publisher is suing Apple for trademark infringement over the use of the term "iBooks."
Publisher John T. Colby filed suit in the U.S. District Court in Manhattan on Wednesday, Bloomberg reports. Colby is founder and publisher of Brick Tower Press and J. Boylston & Company, Publishers.
Colby purchased assets related to the "ibooks" mark in 2006 and 2007 from New York publisher Byron Preiss, who had published over 1,000 physical books under the name. The "ibooks" imprint was named "America's fastest growing small publisher" by Publishers Weekly in 2004, according to the company's website.
According to the lawsuit, Apple's original "iBook" trademark covered only the company's now discontinued iBook line of notebooks. Colby alleges that Apple only began using the term iBook to refer to either e-books or an application for the delivery of e-books in April 2010.
“Apple’s use of the mark ‘iBooks’ to denote the electronic library that can be accessed via its iPad tablet computer and its iPhone is likely to overwhelm the good will of plaintiffs’ ‘ibooks’ and ‘ipicturebooks’ marks and render them virtually worthless,” the lawsuit read.
A quick search of the U.S. Patent and Trademark Office did not reveal Colby's trademarks, though three of Apple's live marks turned up. Trademark 75182820 for the term "IBOOKS" for "computer [ hardware and ] software used to support and create interactive, user-modifiable electronic books" was originally filed for in October 1996 by Family Systems Limited Company but was eventually transferred to Apple.
A second "iBook" trademark by Apple covers computers and computer hardware and was filed in November 1998. Apple revealed the first iBook laptop in July 1999. The line was replaced by the MacBook in 2006 during the transition to Intel processors.
The most recent trademark filing is from April 2010 and encompasses a wide range of goods and services related to the iBookstore. Apple first announced the iBookstore in January 2010 alongside the iPad.
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I just did a "Basic Search" of the USPTO using their "TESS" system, and confirmed the above statement. Colby is nowhere to be found in anything based on "IBOOK" ("IBOOKS", etc.)
Colby's suit is not going to get far. In order for a trademark to be defensible, it should be registered. Seems awfully silly of Colby not think of that.
"BZZZZTTT!! Sorry, play again."
Has Apple expanded their legal department? It seems that everyone but under the sun is suing them.
Since Colby bought the company from out of bankruptcy that was caused by death there might have been incomplete transfers. I’m sure iBooks was registered at some point, I own books published by them, the question is was that registration transferred.
That's what happens when a company grows and is successfully - people try to take what you have earned.
As much as I dislike WalMart - they too have to have an extensive "army" of lawyers to handle the thousands of insane lawsuits they are hit with.
In the case of Apple we also have patent scavengers combing the files to find something to buy, lay claim to, or otherwise claim control over. Then they sue.
WalMart has a brilliant business plan that allows them to sell cheap and profit greatly. They buy in large volume so they have lots of leverage on price. Their purchasing agents are also brutal in beating vendors down on price. That has made many vendors angry but not angry enough to pass up the big bucks.
They hire mostly part time workers. They offer insurance and stock plans that are very good and fairly priced but they are not burdened with the costs of benefits that many companies are saddled with. That also minimizes government regulations and the cost of HR.
Since WalMart is non-union, liberals demonize them but they have found a ready market of people who only want part time work. They don’t lack for applicants, ever. Their full time workers make good money but they are expected to be on call as needed. They well earn their money, often working 10 - 12 hour days and more. Yes, they are paid over time when they exceed the 40 hour work week. Even part timers are paid more per hour for Sunday work.
I am a WalMart fan and have found the liberal complaint of cheap, shoddy products from China to be just more union sour grapes with no actual facts. Many companies buy from China and most of the products are quality products. At least that has been my experience.
Oh yes, I almost forgot. WalMart has also made great strides in inventory management and distribution. They are the envy of most of industry. Each store, including the Sam’s Clubs, receive fresh meat and produce by no later than six every morning. They also have their own trucks from distribution points to the stores but vendors also use commercial trucking.
WalMart is a true American success story.
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