Even IP Law360 gets "confused" when discussing Apple, Inc.'s trademarks

Even the tried and true, widely read in the legal profession, IP Law360 online electronic publication (or its editor/title writer) gets "confused" when it comes to the distinction between TRADEMARKS and PATENTS.  Today's (May 9, 2013) IP Law360 had an article entitled, "Apple Escapes Publishers' Patent Suit Over 'iBooks' Mark," by David Mcafee.  Regrettably, the lawsuit described in the article is really about an alleged trademark suit brought against Apple in the southern district of New York in 2011 (1:11-cv-04060), by a publisher of physical books sold under the name, "ibooks." Spoiler alert...judge ruled for Apple.

By no means is this an indictment of the author of the Law360 article.  In fact, the article's first sentence correctly identifies the issue as being a trademark matter.  No, this merely underscores the fact that the general public, business people, and arguably editors of IP Law360 do not appreciate the distinctions and differences between trademarks and patents. 

Now for the boring definition section of this post so as to dispel any likelihood of confusion between trademarks and patents...

Trademarks are words, slogans, logos, designs, sounds, colors, and alike which identify goods and services with a unique origin, producer or supplier. 

Patents (utility) cover the functional features or aspects of a machine, article of manufacture, chemical composition, processes, and software.  Design patents cover the look (ornamental design or appearance) of an article of manufacture.

© Stephen J. Weyer, 2013

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