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New York publisher sues Apple over 'iBooks' trademark

updated 12:30 am EDT, Thu June 16, 2011

Formerly the name of line of traditional books

A lawsuit has been filed against Apple in U.S. District Court in the southern district of New York state charging infringement over the trademark for "iBooks," which publisher John T. Colby says was purchased by him from another publisher in 2006 and 2007, Bloomberg is reporting. The previous publisher, Byron Preiss, had put out more than 1,000 hardcover and paperback books under the "ibooks" name starting in late 1999.

While Apple has had the trademark on the term "iBook" for computers for over a decade, the company did not use the term as a designation for electronic books or an application for delivering electronic books until April 2010, Colby says. Apple's use of the term is "likely to overwhelm the good will of [the plaintiff's] 'ibooks' and 'ipicturebooks' marks and render them virtually worthless," the lawsuit says.

The case will be known as J.T. Colby & Co. vs. Apple Inc. and is filed as 11-cv-4060 in the Southern District Court of New York, which is located in Manhattan. [via Bloomberg]



An example iBook from former publisher Byron Preiss




by MacNN Staff

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Comments

  1. bobolicious

    Joined: Dec 1969

    0

    iWars are wearing me down...

    ...at a certain point I start asking if Mr Obama couldn't figure out a clever end to all the intellectual property harvesting battles & reinvent the legal process for meaningful, collective & financially rewarding design & innovation...?

  1. LeoNobilis

    Joined: Dec 1969

    -3

    Yet another leech

    I wonder if there's another company remotely as appealing to opportunists and charlatans as Apple.
    I suppose, in Europe that "publisher" wouldn't dream of suing Apple (or, shall I say, leeching off Apple's fortune. In RedneckLand, however… this exploit is a norm, not an unfortunate exception.

  1. George3

    Joined: Dec 1969

    0

    Is it just Apple?

    I'd like to know if other companies get sued as much as Apple. I don't hear about it, but that doesn't mean it doesn't happen. It just seems that Apple has a new lawsuit every other week from some nearly defunct company trying to get some money.

    Did somebody say Apple was an easy win?

  1. testudo

    Joined: Dec 1969

    0

    Re: Is it just Apple?

    I'd like to know if other companies get sued as much as Apple. I don't hear about it, but that doesn't mean it doesn't happen.

    It happens to all companies. It's just you're not reading the websites that prints up articles on any and every silly thing revolving around a company.

  1. testudo

    Joined: Dec 1969

    0

    Re: Yet another leech

    I wonder if there's another company remotely as appealing to opportunists and charlatans as Apple.

    Charlatans? Leech? And you have what information to this point? Just that they're suing Apple for using their company's trademark? Oh, yeah, what a bunch of leeches. How dare they not just go "Wow! Apple wants to use our name! We're so honored, we're just going to give it to them."

    I suppose, in Europe that "publisher" wouldn't dream of suing Apple (or, shall I say, leeching off Apple's fortune. In RedneckLand, however… this exploit is a norm, not an unfortunate exception.

    Redneck-land? Yeah, New York City is just filled with a bunch of hicks.

    And why wouldn't they sue in Europe? Sure, if a French company owned the trademark, they'd just let Apple roll all over them. But not every company is like that.

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