toggle

AAPL Stock: 126.44 ( -0.16 )

Printed from http://www.macnn.com

Apple loses Music icon trademark due to MySpace/iLike logo

updated 05:38 pm EDT, Wed September 26, 2012

Rare defeat for Apple legal

Apple has been denied a trademark on the orange Music icon used in iOS and elsewhere, reports say. The US Patent and Trademark Office's Trademark Trial and Appeal Board is this week said to have upheld an examiner's decision on the matter, arguing that Apple's logo is too similar to a trademark owned by MySpace. In 2008 a mark for an orange logo with a musical note was awarded to music tracking service iLike. MySpace bought iLike in 2009, but ended up closing the outfit earlier this year.

Apple attempted a two-pronged argument with the TTAB, claiming that no one had been confused between the two icons, and that the MySpace trademark was "weak" because eight other companies in the same field had won marks featuring musical notes. The TTAB dismissed Apple's position, performing a "likelihood of confusion" test. "In view of the facts that the marks are similar, the goods and services are related and are encountered by the same classes of consumers, we find that applicant's double musical note and design for 'computer software [..]' is likely to cause confusion with the registered mark comprising a double musical note and design [..] for listening to MP3's and for sharing MP3's and music playlists with others," the board ruled.

The decision can be appealed, but no such motion has been filed yet.




by MacNN Staff

POST TOOLS:

TAGS :

toggle

Comments

  1. Eriamjh

    Addicted to MacNN

    Joined: 10-20-01

    Shoulda made it purple... like when Samsung copied Apple's logo when it was purple.

  1. miawj

    Fresh-Faced Recruit

    Joined: 03-24-05

    Lawyers and IP idiocy both make me crotchety. To whom do I have to make a payment for making this remark?

Login Here

Not a member of the MacNN forums? Register now for free.

toggle

Network Headlines

Follow us on Facebook

toggle

Most Popular

Advertisement

Recent Reviews

Prong PWR Case

Ultimately there's one thing we all want from smartphone accessories; we want options. When it comes to keeping our iPhone charged, w ...

iHome iBT74 Color Changing Bluetooth Speaker

There's no reason why your tech can't look good while doing what it was designed to do. That's the reason that sports cars look goo ...

Logitech Gaming Daedalus Prime Mouse

Logitech Gaming continues to expand upon its peripherals line, with each one looking to fit neatly into a breadth of gaming needs. Bui ...

toggle

Most Commented