3 ms·

I don't get it. How can they send a cease&desist for a trademark they clearly do not (yet) own? Is it premature litigation?

llambda 15y ago
They claim they already own and have owned it[1][2]. The legal proceedings have yet to conclude on the matter so we don't yet know if that claim will be honored by law. Edit: citation added :) "App Store" is considered a "Service Mark" trademark fwiw Edit 2: another citation listing Apple as the *applicant Edit 3: correction, apparently Apple cannot "own" the trademark until it becomes a (R) registered trademark? Nonetheless it seems they can still dispute the use of it as is currently happening with Apple v Amazon. Edit 4: "The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand."[3] [1] http://www.apple.com/legal/trademark/appletmlist.html http://www.apple.com/legal/trademark/appletmlist.html [2] http://tess2.uspto.gov/bin/showfield?f=doc&state=4010:6r8hbi.2.6 http://tess2.uspto.gov/bin/showfield?f=doc&state=4010:6r... [3] http://en.wikipedia.org/wiki/Trademark http://en.wikipedia.org/wiki/Trademark
- ignifero 15y ago
  they don't own it, it's not been registered yet. and it has already been rejected once in the past. http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77525433 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=7...
  - pohl 15y ago
    Are you claiming that ownership, in trademark and service mark law, is defined by registration? That is not my understanding. While registration does secure ownership, ownership itself is defined by use, and registration is not a prerequisite for the commencement of legal proceedings over claimed infringement.
    - ignifero 15y ago
      What kind of infringement is that then? (I 'm not a lawyer, just wish to know)
      - llambda 15y ago
        Trademark infringement, possibly limited by geography; Apple would be considered the owner of the SM. See my citation above. :)
        ignifero 15y ago
        Very doubtful they could go after that, considering that getjar is registered in Lithuania. But lawyers are crazy.
        sunchild 15y ago
        Is the Apple App Store available in Lithuania?
        rimantas 15y ago
        It is, since about April 2009. Still no iTunes Music Store though :(
- ignifero 15y ago
  1) Everyone who applies for a mark can use the (TM) or (SM) labels to identify the mark is under registration during the registration period. It does not mean the trademark has been registered (which would be indicated with an (R). 2) The citation is just the application. If you look at the TARR record, the application is stuck.

llambda 15y ago

They claim they already own and have owned it[1][2]. The legal proceedings have yet to conclude on the matter so we don't yet know if that claim will be honored by law. Edit: citation added :) "App Store" is considered a "Service Mark" trademark fwiw Edit 2: another citation listing Apple as the *applicant Edit 3: correction, apparently Apple cannot "own" the trademark until it becomes a (R) registered trademark? Nonetheless it seems they can still dispute the use of it as is currently happening with Apple v Amazon. Edit 4: "The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand."[3] [1] http://www.apple.com/legal/trademark/appletmlist.html http://www.apple.com/legal/trademark/appletmlist.html [2] http://tess2.uspto.gov/bin/showfield?f=doc&state=4010:6r8hbi.2.6 http://tess2.uspto.gov/bin/showfield?f=doc&state=4010:6r... [3] http://en.wikipedia.org/wiki/Trademark http://en.wikipedia.org/wiki/Trademark

ignifero 15y ago
they don't own it, it's not been registered yet. and it has already been rejected once in the past. http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77525433 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=7...
- pohl 15y ago
  Are you claiming that ownership, in trademark and service mark law, is defined by registration? That is not my understanding. While registration does secure ownership, ownership itself is defined by use, and registration is not a prerequisite for the commencement of legal proceedings over claimed infringement.
  - ignifero 15y ago
    What kind of infringement is that then? (I 'm not a lawyer, just wish to know)
    - llambda 15y ago
      Trademark infringement, possibly limited by geography; Apple would be considered the owner of the SM. See my citation above. :)
      - ignifero 15y ago
        Very doubtful they could go after that, considering that getjar is registered in Lithuania. But lawyers are crazy.
        sunchild 15y ago
        Is the Apple App Store available in Lithuania?
        rimantas 15y ago
        It is, since about April 2009. Still no iTunes Music Store though :(
ignifero 15y ago
1) Everyone who applies for a mark can use the (TM) or (SM) labels to identify the mark is under registration during the registration period. It does not mean the trademark has been registered (which would be indicated with an (R). 2) The citation is just the application. If you look at the TARR record, the application is stuck.