toggle

AAPL Stock: 107.51 ( + 0.53 )

Printed from http://www.macnn.com

Apple wins challenge to 'iBooks' trademark in court battle

updated 09:00 pm EDT, Thu May 9, 2013

Small press had use 'ibooks' for imprint, never registered trademark

Of the many contentious and complex legal battles Apple has had to fight, some are easier to sort out than others. In a New York courtroom on Wednesday, Judge Denise Cote -- who is also handling the complicated battle between Apple and the Department of Justice over e-book pricing -- made short work of a trademark dispute between Apple and a small-press publisher of sci-fi and horror novels. At issue was Black Towers' line of "ibooks" it obtained in the purchase of a smaller rival, and Apple's "iBooks" trademark.

The trademark suit was brought by Black Tower against Apple in 2011 after the iPhone maker launched its "iBookstore," claiming consumer confusion with its line of books. However, as Judge Cote noted, "ibooks" is a term more naturally descriptive of books sold on the Internet. She also noted that Black Tower had never formally registered the trademark, whereas Apple registered the name "iBook" back in 1999 for their line of colorful portables, and "iBooks" (along with "iBookstore") in 2010 as part of its overall launch of the service.

The judge ruled that consumers would not be confused by the two uses of the term, and that Black Tower had only "acquired distinctive meaning" in using the name and its own logo together, reports Gigaom. The full ruling is reprinted below.





by MacNN Staff

POST TOOLS:

TAGS :

toggle

Comments

Login Here

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

toggle

Network Headlines

toggle

Most Popular

MacNN Sponsor

Recent Reviews

Tablo DVR

With over-the-top content options growing past Hulu and Netflix, consumers may be finding it harder to justify paying a monthly fee fo ...

Sound Blaster Roar Bluetooth speaker

There could very well be a new king of the hill for Bluetooth speakers, with Sound Blaster's recent entry into the marketplace. Bring ...

Kenu Airframe Plus

Simple, stylish and effective, the Kenu Airframe + portable car mount is the latest addition to Kenu's lineup. Released earlier this ...

toggle

Most Commented