Apple sued for infringing ‘iBooks’ trademark

Legal

Apple’s strategy when it comes to much of its i branding has been pretty consistent to date: steal a name, wait for its trademark owner to complain, settle. The Cupertino-based company did it with “iPhone” and again with “iOS,” for example, and now it looks like “iBooks” will play out the same way. New York publisher John T. Colby purchased assets belonging to publisher Byron Preiss several years ago, and included in that buy were more than 1,000 books published under the “ibooks” name. Apple does own a trademark for “IBOOK,” but this trademark covers a PC the company used to sell — the “iBook” — and not books or electronic books. “Apple’s use of the mark ‘iBooks’ to denote the electronic library that can be accessed via its iPad tablet computer and its iPhone is likely to overwhelm the good will of plaintiffs’ ‘ibooks’ and ‘ipicturebooks’ marks and render them virtually worthless,” Colby’s lawsuit states.

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51 Comments
  • sirpaul

    Zach, don’t forget iCloud. You guys reported that story just a few days ago.

    Edit: thought they have not come to an agreement yet – Apple may end up winning the iCloud one.

  • sirpaul

    Zach, don’t forget iCloud. You guys reported that story just a few days ago.

    Edit: thought they have not come to an agreement yet – Apple may end up winning the iCloud one.

  • Anonymous

    They should trademark iSteal, its what they do best. I know everyone steals from everyone else but I guess it is true what all the fan boys say Apple always does it better. 

  • serpentor

    Hrm, I’m beginning to see a pattern here with Apple.

  • Anonymous

    Papinyc is tooooo stupid to figure out how disqus works. When not nerding out playing world of Warcraft He spends ALL his free time going back thru every article he has commented in looking to see if someone has replied to his message. ROTFLMAO!!! true story!!! True story.

    • http://www.youtube.com/watch?v=AR6HpRLyzMY Walter Sobchak

      You are obsessed with Papi.
      Why don’t you type him out a tutorial so you two can have better conversations, or did you ever think maybe he’s just not that into you….

      I will save you a reply

      scroat says:
      “Suck ma emoticon penis!”

      • Anonymous

        I don’t understand what u r saying.

      • http://www.youtube.com/watch?v=AR6HpRLyzMY Walter Sobchak

        My fault for thinking you could understand.

        Scroat says:
        “Suck ma emoticon penis!”

      • Anonymous

        I’m confused…. Please rephrase.

      • http://www.youtube.com/watch?v=AR6HpRLyzMY Walter Sobchak

        Wouldn’t do any good.
        Keep up the good fight!

      • Anonymous

        Huh? Not following u. Fight who?

      • http://www.youtube.com/watch?v=AR6HpRLyzMY Walter Sobchak

        Nevermind it dude. The moment’s gone.

      • Anonymous

        Huh? U want me to wait a moment?

      • http://www.youtube.com/watch?v=AR6HpRLyzMY Walter Sobchak

        Yep.

      • Anonymous

        Huh?

      • http://www.youtube.com/watch?v=AR6HpRLyzMY Walter Sobchak

        Have you just been messing with me this whole time?

      • Anonymous

        Huh? I messed up the comment?

      • http://www.youtube.com/watch?v=AR6HpRLyzMY Walter Sobchak

        No.

      • Anonymous

        Huh?

      • Anonymous

        Hey leave scroat be. He is more entertaining than norm is.

    • Drew

      Seriously dude, give it a rest. That whole obsession thing you got going on is not a good look…

      • Anonymous

        Lol. Are u papi’s little bitch?

      • Drew

        Listen Scroat(um)… Apparently you’re Papi’s little bitch, you keep posting irrelevant and unrelated comments hoping he would reply to you. Quit being a pussy and just ask for his phone number…

      • Anonymous

        Fak u pecker face.

  • Anonymous

    I don’t see how anyone loses. If the mark is a valid one, the owner gets a huge payday, and Apple gets to use what it wants to use.

    Usually these companies are small time guys. You wonder if they make more on selling the name than they do on their products. 

    The question, of course, is whether the mark extends to digital books. I would think the courts would lump together physical media in with digital media, but you never know. Apple will likely settle.

    • whoswho

      dumb ass… so your point is if a large company just likes a name/product it should use it and then the little guys should shut up and take a payment.  That’s not how it should work.  Apple should pay a huge amount and lose the rights to it.  Isn’t Apple sueing Samsung for copying something.  There not asking Samsung just to pay up there asking them to stop and show them all there new products as well. 

      Peolpe don’t invovate anymore, they just flat out steal.  Love the new american way.

      • Anonymous

        That’s exactly what happens. And the little guys get paid. Because thats what they want and they know they will get the money from apple.

      • Anonymous

        Of course the demands in a lawsuit (like the Apple vs. Samsung or Samsung vs. Apple) have huge requests, like an injunction. You ever see a company win an injunction? No, they settle. It’s a bargaining move. And in the Apple vs. Samsung case, they got to see *already announced and spec-detailed products*. Wow.

        In this case, you don’t think the owner of “iBooks” used the “i” prefix to capitalize on Apple’s success? I’ve never, ever heard of them, so that can’t be big. Now they’ll get a huge payday. Sounds like a win to me.

        If I’m a small company with a name, and a huge company comes along and takes it, as long as I get paid through the nose, I’d be fine with that. It’s just a name. Take the money.

      • Anonymous

        samsung galaxy tab 8.9 wasn’t announced yet.
        You, sir, have been disproved.

      • Anonymous

        @droidman101:disqus For all intents and purposes, yes it had. That was the judge’s entire argument: they were already announced and in public domain.

  • Anonymous

    If all these companies would stop jumping on the i- prefix bandwagon in an attempt to glom onto Apple’s successes then this wouldn’t be an issue.  They know exactly what they’re doing.  The best their marketing department can do is say “Hey, people buy Apple iPods and iMacs and shit, let’s name our new clothing line iClothes!  Then it will sell like hotcakes!”  iRobot, iRiver, iHome…  I’m looking at you.

    And for the record, I don’t own any Apple products, I’m just calling it like I see it.

    • Anonymous

      If it looks like a duck… Quacks like a duck well….. I’d say u called it pretty much bang on sir. True story.

    • Anonymous

      1- i’m pretty sure iRobot is more because if Assimov than anything Apple.
      2- this has been an apple trend since the founding of the company.

    • jay_max

      How can this company in particular be jumping on the bandwagon when it was there first?

      • Anonymous

        The “i” bandwagon started in 1998 with the iMac.

  • Anonymous

    I wonder what is the next i-object will add to apple’s product. I should license it now and earn a big paycheque =D

  • Beastcmg

    Word MarkIBOOKSGoods and ServicesIC 009. US 021 023 026 036 038. G & S: Computers; software for reading electronic publications on digital electronic devices; computer software for authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organizing text, graphics, images, and electronic publications; downloadable electronic publications in the nature of books, plays, pamphlets, brochures, newsletters, journals, magazines, and periodicals on a wide range of topics of general interestIC 016. US 002 005 022 023 029 037 038 050. G & S: periodicals, books, magazines, newsletters, brochures, booklets, pamphlets, manuals, journals, and leaflets on a wide range of topics of general interestIC 035. US 100 101 102. G & S: Advertising and marketing services; sales promotion services; promoting the goods and services of others; conducting market research; retail store services featuring electronic publications provided via the Internet and other computer, electronic and communications networks; retail store services in the field of books, magazines, periodicals, newsletters, journals and other publications on a wide range of topics of general interest, provided via the Internet and other computer, electronic and communications networks; retail store services featuring electronic publications for use on handheld mobile digital electronic devices and other consumer electronics; subscriptions to text, data, image, audio, video, and multimedia content, provided via the Internet and other electronic and communications networks; information, advisory and consultancy services relating to all the aforesaidIC 038. US 100 101 104. G & S: Telecommunication access services; electronic sending of data and documentation via the Internet or other databases; providing telecommunication access to web sites on the Internet; delivery of text, data, audio, video, and multimedia content by telecommunications; telecommunication services, namely, electronic transmission of streamed and downloadable electronic publications for browsing over computer networks, namely, books, magazines, periodicals, newsletters, journals, and other publications; provision of connectivity services and access to electronic communications networks, for transmission or reception of electronic publications; electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; webcasting services; provision of telecommunications connections to the Internet or computer databases; streaming of video content via a global computer network; subscription audio broadcasting via a global computer network; audio broadcasting; streaming of audio content via a global computer network; electronic transmission of audio and video files via communications networks; information, advisory and consultancy services relating to all the aforesaidIC 041. US 100 101 107. G & S: Providing online, non-downloadable electronic books, magazines, newspapers, journals, periodicals, plays, pamphlets, brochures, and newsletters on a wide range of topics of general interest; educational and entertainment services, namely, providing an online portal to allow internet users to preview, download and read electronic publications; providing information and podcasts in the fields of entertainment, current events, history, sports, games, the media, cultural events and activities, hobbies, and publications; information, advisory and consultancy services relating to all the aforesaidIC 042. US 100 101. G & S: Design and development of computer hardware and software; computer hardware and software consulting services; computer programming; consultation services for developing computer systems, databases and applications; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems during computer systems, databases, and application development; information relating to computer hardware or software development provided on-line from a global computer network or the Internet; creating and maintaining web-sites; hosting the web-sites of others; providing search engines for obtaining data via communications networks; providing temporary use of online non-downloadable software to enable users to program audio, video, text and other multimedia content; providing an online portal featuring temporary online use of online non-downloadable software to allow internet users to preview, download, and read electronic publications; providing search engines for obtaining data on a global computer network; information, advisory and consultancy services relating to all the aforesaid; creating indexes of online information, sites and other resources available on global computer networks for others; and providing information and online databases in the fields of technology development in the field of consumer electronicsStandard Characters ClaimedMark Drawing Code(4) STANDARD CHARACTER MARKSerial Number85008412Filing DateApril 7, 2010Current Filing Basis1B;44DOriginal Filing Basis1B;44DInternational Registration Number1075529; 1054676Owner(APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014Attorney of RecordLisa G. WidupPriority DateJanuary 25, 2010Prior Registrations2446634;2470147Type of MarkTRADEMARK. SERVICE MARKRegisterPRINCIPALLive/Dead IndicatorLIVE

    • Anonymous

      tl; dr

    • Anonymous

      Correct me if I’m wrong, but you can’t have a valid blanket trademark if you don’t actually have a presence in each specific market. I can’t protect trademark for “iBoat” in the boat industry if I don’t have a product in that market.

  • Anonymous

    If they have to pay to use the trademark to another company, then Apple will pay.  This is not big news at all, lame even.  Example, Cisco IOS has been there trademark forever, and Apple paid Cisco to use the trademark.

  • Anonymous

    Hey, this has been going on this they started the company (Apple music).  Why break traditions that the company was founded on.

    • Anonymous

      You mean Apple Records? Who didn’t make computers?

      That’s why it wasn’t a problem until Apple entered the music business.

      • Anonymous

        Right.  Steve Jobs even admitted he got the Apple name and logo from the Beatles.  They had to sign an agreement with Apple Music not to enter the music business.  They then violated the agreement… twice i think.

      • Anonymous

        I know they signed an agreement. So decades later, you feel that progress should be impeded and Apple not allowed to enter the music industry?

        No, money just exchanges hands, and the original owners are rewarded.

      • Anonymous

        They signed and agreement, then violated it.  If they wanted to expand into music, they should have gone and asked permission and maybe paid some kind of licensing fee.  I’m not saying they should be forbidden from going into music, just pointing out that they do have a history of knowingly vilating intellectual property then settling.

  • Anonymous

    What happens when someone decides to not settle? o.0

    • Anonymous

      The judge gets bribed. True story.

    • Anonymous

      Everything has a price. If they’re stubborn, Apple will end up paying more. 

      Who in their right mind would refuse to sell a name at the right price?

  • http://pulse.yahoo.com/_JNKVTT7PJMXPYP2GVCIERBQQCU Andrew

    It’s just easier to steal the name, settle out of court and both parties win.  Apple gets the name they want and the other company gets paid.  A small cost to Apple in order to get what you want.

  • http://pulse.yahoo.com/_BN3LUVEV7BTS2NZOHAN3LV6DZE Chelsea Sampson

    I paid $32.67 for a XBOX 360 and my mom got a 17 inch Toshiba laptop for $94.83 being delivered to our house tomorrow by FedEX. I will never again pay expensive retail prices at stores. I even sold a 46 inch HDTV to my boss for $650 and it only cost me $52.78 to get. Here is the website we using to get all this stuff, BidsGet. com

  • Anonymous

    It’s bout damn time to SEE APPLE GETTING THEIR ASS SUED for once. First Kodak, iCloud Communications then Byron Preiss. Now they get a lil taste of loosing money and stop being the TOP DOG COMPANY. This is a great day

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