ten-oak-druid
Apr 26, 02:25 PM
I think you are missing the point:
"What are some other reasons for refusing registration?
Registration may be refused if the mark is:
• Descriptive for the goods/services;
• A geographic term;
• A surname;
• Ornamental as applied to the goods"
Source: http://www.uspto.gov/trademarks/basics/BasicFacts_with_correct_links.pdf
App Store is descriptive of what it does. In other words, it sells apps or applications. Therefore, it cannot be trademarked. Apple can use it if they want, but so can anyone else doing the same thing.
This is pretty much saying that Microsoft is going to trademark Operating System. Both Microsoft and Apple make operating systems. What Windows is is a type of operating system. Windows does not describe the product.
You make it sound as though this is such an obvious distinction that Apple could never get a trademark for "app store". But apparently this argument is not so strong in trademark law as Apple actually has the trademark already. If that were not the case how could they sue another entity for trademark infringement?
I think all of you who believe you have trademark law all figured out should keep this in mind. Apple has a trademark for app store. Previously another company had a trademark for "appstore" which is very similar.
You can write about the topic as though you have it all figured out but clearly your interpretation is not definitive as Apple was awarded the trademark.
Now perhaps eventually apple will lose it or have to modify it but the fact that they got the trademark and a legal battle would need to be waged for them to lose proves that your opinion of trademark law in this case is oversimplified.
Therefore, it cannot be trademarked
It was.
"What are some other reasons for refusing registration?
Registration may be refused if the mark is:
• Descriptive for the goods/services;
• A geographic term;
• A surname;
• Ornamental as applied to the goods"
Source: http://www.uspto.gov/trademarks/basics/BasicFacts_with_correct_links.pdf
App Store is descriptive of what it does. In other words, it sells apps or applications. Therefore, it cannot be trademarked. Apple can use it if they want, but so can anyone else doing the same thing.
This is pretty much saying that Microsoft is going to trademark Operating System. Both Microsoft and Apple make operating systems. What Windows is is a type of operating system. Windows does not describe the product.
You make it sound as though this is such an obvious distinction that Apple could never get a trademark for "app store". But apparently this argument is not so strong in trademark law as Apple actually has the trademark already. If that were not the case how could they sue another entity for trademark infringement?
I think all of you who believe you have trademark law all figured out should keep this in mind. Apple has a trademark for app store. Previously another company had a trademark for "appstore" which is very similar.
You can write about the topic as though you have it all figured out but clearly your interpretation is not definitive as Apple was awarded the trademark.
Now perhaps eventually apple will lose it or have to modify it but the fact that they got the trademark and a legal battle would need to be waged for them to lose proves that your opinion of trademark law in this case is oversimplified.
Therefore, it cannot be trademarked
It was.
tuartboy
Nov 28, 10:10 AM
"Microsoft is going to put tons of money in this over time, much like they did with the Xbox" video game console, she said. "It's not about the first generation (of devices)."
Isn't the non-360 version of the Xbox the first generation?
Didn't it sell very well?
Isn't the non-360 version of the Xbox the first generation?
Didn't it sell very well?
Nym
Nov 30, 08:53 AM
Why not put wheels on a boat?
AHAHAH!
That was nice :D
You guys are always speculating about what it will or will not have, I mean, you could all be right, but then.. you could all be wrong, I'm not betting on anything till I see the real thing :)
And there's one problem, is iTv supposed to be international or a USA only service? If it's supposed to be international Apple has to watch those "features", what's the point of people in Europe buying an iTv if half the "features" are not supported outside the US? :eek:
However, Apple has always surprised us, iTv is gonna be great IMO, is there another way? :)
AHAHAH!
That was nice :D
You guys are always speculating about what it will or will not have, I mean, you could all be right, but then.. you could all be wrong, I'm not betting on anything till I see the real thing :)
And there's one problem, is iTv supposed to be international or a USA only service? If it's supposed to be international Apple has to watch those "features", what's the point of people in Europe buying an iTv if half the "features" are not supported outside the US? :eek:
However, Apple has always surprised us, iTv is gonna be great IMO, is there another way? :)
CIA
Apr 12, 09:02 PM
http://www.tuaw.com/2010/10/22/timeline-tweak-returns-imovie-11-to-old-school/
That's actually pretty funny.
That's actually pretty funny.
syklee26
Sep 6, 02:15 PM
i know this is off topic but are they ever gonna do anything about the outrageous cost of .Mac subscription?
charlituna
Apr 12, 09:57 PM
will final cut express get an update too?
I am guessing yes. If it is kept at all.
Then a similar move with Logic
But I am curious about the rest of the suite and the remaining missing features from Shake
I am guessing yes. If it is kept at all.
Then a similar move with Logic
But I am curious about the rest of the suite and the remaining missing features from Shake
alfagta
Apr 1, 01:04 PM
Don't know if anyone mentioned this, but System Profiler has been given a complete overhaul, including detailed-USB hdd details and a refined GUI
About this Mac or System Profiler? Refreshed About this Mac was already present in DP1. Post some screenshots.
About this Mac or System Profiler? Refreshed About this Mac was already present in DP1. Post some screenshots.
gkarris
Nov 28, 07:24 PM
zune people don't seem to agree what it is bad. they just deny the true. here what they are ridiculous.
http://www.zunescene.com/forums/index.php?topic=3784.0
I consider myself more a creative person, as I've been into photography since junior high in the seventies. The whole computer geekish stuff is more a passing interest, rather than a lifestyle (I really like sci-fi, but like a lot of other movies too).
When I use my old 12" iBook G3, or my 14" iBook G4 in public, I usually get - wow, cool.
When I use my Dell from work, or my Compaq laptop, people look at me as nerdy (they come up and ask if I could help them connect to the network).
I'm tempted to go onto the above Zune website and hold a contest to see who has the best post as far as Zune being better than an iPod....
Then, gift the winner "White and Nerdy" video from Wierd Al...
Oh wait, Zune Marketplace doesn't do music videos, and the Zune won't play iTunes Store music videos either...
http://www.zunescene.com/forums/index.php?topic=3784.0
I consider myself more a creative person, as I've been into photography since junior high in the seventies. The whole computer geekish stuff is more a passing interest, rather than a lifestyle (I really like sci-fi, but like a lot of other movies too).
When I use my old 12" iBook G3, or my 14" iBook G4 in public, I usually get - wow, cool.
When I use my Dell from work, or my Compaq laptop, people look at me as nerdy (they come up and ask if I could help them connect to the network).
I'm tempted to go onto the above Zune website and hold a contest to see who has the best post as far as Zune being better than an iPod....
Then, gift the winner "White and Nerdy" video from Wierd Al...
Oh wait, Zune Marketplace doesn't do music videos, and the Zune won't play iTunes Store music videos either...
mccldwll
Sep 1, 02:49 PM
New form for imac--
--headless, docks to 17", 20" or 23" isight enabled displays (have to buy display w/ mac--priced together)
--but can buy displays separately for upgrade
--home entertainment model
--headless unit can be carried to tv room w/o hauling display (putting old imac near a TV very bad design since 2 focal points, and SJ hates bad design)
--headless, docks to 17", 20" or 23" isight enabled displays (have to buy display w/ mac--priced together)
--but can buy displays separately for upgrade
--home entertainment model
--headless unit can be carried to tv room w/o hauling display (putting old imac near a TV very bad design since 2 focal points, and SJ hates bad design)
Cobrien
Jul 14, 06:11 AM
For a start HD-DVD players can play in 1080p, its just the xbox360 that cant. Th HD-DVD player which comes out for it may be able to, I dont know yet.
Secondly, its not whether it has a blu-ray drive alone, if it did then there is no point buying it, just buy an extra hard drive. It has to have an HDMI connection so that it will also work as a blu-ray player in your HDtv.
I have both an xbox 360 (and I will get the HD-DVD player for a steal I might add) and a Sony Vaio AR with blu-ray hooked up to my HDtv. Yes it is expensive, but when you see the quality its definitely worth it.
I am going to steer clear of the Playstation3. The ps2 and psp just didnt impress me enough, although it will win the console wars simply because its a PlayStation. When you think about it, it has never really had the best console, N64 was better and would have won the first war had it not been on cartlidge and the xbox was better because of the online play, the ps2 was shocking online.
Secondly, its not whether it has a blu-ray drive alone, if it did then there is no point buying it, just buy an extra hard drive. It has to have an HDMI connection so that it will also work as a blu-ray player in your HDtv.
I have both an xbox 360 (and I will get the HD-DVD player for a steal I might add) and a Sony Vaio AR with blu-ray hooked up to my HDtv. Yes it is expensive, but when you see the quality its definitely worth it.
I am going to steer clear of the Playstation3. The ps2 and psp just didnt impress me enough, although it will win the console wars simply because its a PlayStation. When you think about it, it has never really had the best console, N64 was better and would have won the first war had it not been on cartlidge and the xbox was better because of the online play, the ps2 was shocking online.
ten-oak-druid
Apr 26, 12:49 PM
I'm ambivalent on this issue. I think its just one of those things the experts at trademark law will have to iron out in or out of court. It certainly isn't as big an issue as Samsung's dishonorable blatant copy of the overall ipad design and experience.
As for Amazons names, I find the Kindle to be a strange name for an Amazon product. Burn the rain forest? That said, I opted for the kindle wifi for my tablet. I have an iphone and the kindle gives me the better reading experience for less cost. The iphone/kindle wifi combination is perfect for me. The ipad would have just been a duplication of the iphone on a larger scale for just about everything. Not that I'm knocking the ipad. I like it a lot.
The kindle app on the iphone is nice for night reading too. Another benefit of the iphone/kindle combination for me: night and day reading between the two devices.
As for Amazons names, I find the Kindle to be a strange name for an Amazon product. Burn the rain forest? That said, I opted for the kindle wifi for my tablet. I have an iphone and the kindle gives me the better reading experience for less cost. The iphone/kindle wifi combination is perfect for me. The ipad would have just been a duplication of the iphone on a larger scale for just about everything. Not that I'm knocking the ipad. I like it a lot.
The kindle app on the iphone is nice for night reading too. Another benefit of the iphone/kindle combination for me: night and day reading between the two devices.
VPrime
Jan 5, 10:21 PM
Sounds good then, but keep in mind the sheer downtime you will have, even if you do the repairs yourself.
FTR my E36 was a complete cream puff, one owner, full service records and regular maintenance--and it was the biggest piece of crap I ever had. I unloaded it needing $4500 worth of work, on top of the massive piles of money I had to throw into it over my four years.
Good luck, but you have been warned.;)
heh down time is nothing. My last toy was down for 2 years ;)
FTR my E36 was a complete cream puff, one owner, full service records and regular maintenance--and it was the biggest piece of crap I ever had. I unloaded it needing $4500 worth of work, on top of the massive piles of money I had to throw into it over my four years.
Good luck, but you have been warned.;)
heh down time is nothing. My last toy was down for 2 years ;)
MacFever
Apr 19, 11:49 AM
Apple will be pushing out Thunderbolt for sure....
I wonder when the cinema displays will get the thunderbolt port for daisychaining ?
Macbook Air with the iMac?
I think Professionals will be waiting to upgrade to hardware unless it thunderbolt ready like the MBP....huge advantage for Pro use with thunderbolt as opposed to current firewire 800.
I wonder when the cinema displays will get the thunderbolt port for daisychaining ?
Macbook Air with the iMac?
I think Professionals will be waiting to upgrade to hardware unless it thunderbolt ready like the MBP....huge advantage for Pro use with thunderbolt as opposed to current firewire 800.
Veinticinco
Mar 23, 04:24 AM
they won't ! iPod classic is the best selling for
I very much doubt that.
Unless of course you're actually a SVP in Apple Sales and are speaking from a position of authority :rolleyes:
I very much doubt that.
Unless of course you're actually a SVP in Apple Sales and are speaking from a position of authority :rolleyes:
Chris Bangle
Aug 16, 11:00 AM
As much as i love ipod and apple rumors it is getting stressful and frustrating that we hear these rumors every damn week and nothing comes out of them. Last week we had the iphone, the week before we had the 2nd part of the none touch stuff it just goes on and on and its peeing me off, im begining to doubt wherther there will ever be a phone or touchscreen thing.
aiqw9182
Mar 24, 02:41 PM
I;m going to go out on a limb and preemptively complain my MacPro 1.1 isn't supported :( and is only as configurable as an iMac...the irony...
You can upgrade to the latest 5870 card if you wanted to right now. It might not be 'officially' supported but you can still do it.
Please don't put an AMD 5XXX series into the new iMacs! :(
If they do it will for sure be only in the low-end 21.5" iMac (5670).
You can upgrade to the latest 5870 card if you wanted to right now. It might not be 'officially' supported but you can still do it.
Please don't put an AMD 5XXX series into the new iMacs! :(
If they do it will for sure be only in the low-end 21.5" iMac (5670).
firestarter
Apr 12, 09:56 PM
@robimbs (Rob Imbs)
Holy ****! Instant color matching, unbelievable grade with 1 click. Audience is rapturous, this is almost out of control.
Holy ****! Instant color matching, unbelievable grade with 1 click. Audience is rapturous, this is almost out of control.
arnop
Nov 28, 05:06 PM
Mandarin Oriental Hong Kong for a couple of nights at the end of the month
appleguy123
Mar 19, 04:57 PM
They could at least make the app more interesting.
How about a social feature that allows you to see other 'ex-homosexuals' in your area? :D
How about a social feature that allows you to see other 'ex-homosexuals' in your area? :D
MarcelV
Jan 1, 07:28 PM
....as a continuation of Jobs last iTV performance. Apple will show how the connected world is going to look. You will have the Mac, the new iTV (probably a launch date will be provided), the new MacPhone, a new .Mac service that will be the key for phone content and syncing, and a new widescreen iPod (not sure about the touchscreen, but will be available immediately). And of course, a full Leopard preview that is the engine behind the full integration. It will become more about the concept this time. Much less about the devices as the Leopard launch will be the key of the platform. The iPod can be launched as it is not directly tied in, but the phone, Leopard and .Mac 5.0 are directly related. The 'top-secret' features? Push technolgy utilizing .Mac to the phone. And because the phone will sync two way with .Mac, your Mac will be kept updated on iCal, Address Book. And even iTunes will know what songs you wanted to purchase utilizing Gracenote's Music ID (the audio fingerprinting technology developed by Philips.)
Just my thoughts, but this is an area the will be able to become a major player in the market.
Just my thoughts, but this is an area the will be able to become a major player in the market.
freeny
Jul 19, 04:37 PM
stocks up 7.45% in after hours.....:)
Counter
Nov 18, 09:29 AM
iTunes saw much less improvements?
Christ.
iTunes runs perfectly well on a G4 400mhz.
8-Cores ain't for anything remotely normal, let alone listening to music.
Christ.
iTunes runs perfectly well on a G4 400mhz.
8-Cores ain't for anything remotely normal, let alone listening to music.
drzeus
Sep 6, 06:38 PM
So this is interesting.
Everything is core duo, incuding the minis.
There is a movie announcement next week.
I still can't help but think that the mini has been silently hardware upgraded and will be the video iPod of the coming months. Download to the mini, keep your movies on it, it gets directly connected to your TV and you potentially have an HD movie solution to compete with netflix.
Very interesting. . .
Everything is core duo, incuding the minis.
There is a movie announcement next week.
I still can't help but think that the mini has been silently hardware upgraded and will be the video iPod of the coming months. Download to the mini, keep your movies on it, it gets directly connected to your TV and you potentially have an HD movie solution to compete with netflix.
Very interesting. . .
doberman211
Mar 22, 10:33 PM
Agreed. I like the mocup but tbh any thunderbolt would be integrated into the dock connector and any hdmi would be strictly Bluetooth. i would not like to see a larger screen, but perhaps higher definition say 360p or 480p instead of the 240p. no real updates on the OS. it's fine. maybe just some updates in itunes as sometimes when i sync it i end up with 5 of the same albums also would like the albums to sort by year instead of name. or maybe it already does that and i havent figured it out. dono. and plz NO CAMERAS! FRONT OR BACK!
