CalBoy
Apr 26, 03:17 PM
I doubt any legal battle between titans is a simple case, even if it appears so to us laypersons.
Certainly there are going to be minutiae that most of us won't ever learn about (and even fewer will understand), but in this case the trademark dispute is going to invariably depend on whether or not "app" is specific enough to trademark or whether it is generic to the point that trademarking it would deprive consumers and companies of a simple ands valuable labeling device.
"Amazon" is a generic term and should not be used for a store name.
Generic in a legal sense means that the term describes the product or service. For example, "computer" broadly describes any device with a chip, some storage, and an ability to perform calculations or other functions for the user. A person could not trademark "Computer Store" because it would leave other competitors with no way of describing the service they offer.
Amazon is an online retailer; hence "online retailer" cannot be trademarked but "Amazon" can be.
In much the same way "app store" describes what is being sold and how, and any competitor would want to make use of the same basic naming structure in order to clearly inform consumers about what they could expect to find.
The general population never heard the term "App" until Apple released the iPhone.
Nor did the general population ever shop for Apps online until Apple built the App Store.
The abbreviation "App" used in conjunction with "store" to denote an online marketplace in which to buy applications is a unique combination that is not known in generic parlance.
Apple will win this.
This is just not true. App has long been in use since before the 1990s.
Apple is also not the only company to sell software online; many companies had been doing direct downloads for years before iOS came out.
You make it sound as though this is such an obvious distinction that Apple could never get a trademark for "app store". But apparently this argument is not so strong in trademark law as Apple actually has the trademark already. If that were not the case how could they sue another entity for trademark infringement?
I think all of you who believe you have trademark law all figured out should keep this in mind. Apple has a trademark for app store. Previously another company had a trademark for "appstore" which is very similar.
You can write about the topic as though you have it all figured out but clearly your interpretation is not definitive as Apple was awarded the trademark.
Now perhaps eventually apple will lose it or have to modify it but the fact that they got the trademark and a legal battle would need to be waged for them to lose proves that your opinion of trademark law in this case is oversimplified.
It was.
Apple does not actually hold the trademark yet. That is still being decided. They filed their case against Amazon prematurely, hoping to either make Amazon change names or get a leg-up in the trademark hearings (or both).
Certainly there are going to be minutiae that most of us won't ever learn about (and even fewer will understand), but in this case the trademark dispute is going to invariably depend on whether or not "app" is specific enough to trademark or whether it is generic to the point that trademarking it would deprive consumers and companies of a simple ands valuable labeling device.
"Amazon" is a generic term and should not be used for a store name.
Generic in a legal sense means that the term describes the product or service. For example, "computer" broadly describes any device with a chip, some storage, and an ability to perform calculations or other functions for the user. A person could not trademark "Computer Store" because it would leave other competitors with no way of describing the service they offer.
Amazon is an online retailer; hence "online retailer" cannot be trademarked but "Amazon" can be.
In much the same way "app store" describes what is being sold and how, and any competitor would want to make use of the same basic naming structure in order to clearly inform consumers about what they could expect to find.
The general population never heard the term "App" until Apple released the iPhone.
Nor did the general population ever shop for Apps online until Apple built the App Store.
The abbreviation "App" used in conjunction with "store" to denote an online marketplace in which to buy applications is a unique combination that is not known in generic parlance.
Apple will win this.
This is just not true. App has long been in use since before the 1990s.
Apple is also not the only company to sell software online; many companies had been doing direct downloads for years before iOS came out.
You make it sound as though this is such an obvious distinction that Apple could never get a trademark for "app store". But apparently this argument is not so strong in trademark law as Apple actually has the trademark already. If that were not the case how could they sue another entity for trademark infringement?
I think all of you who believe you have trademark law all figured out should keep this in mind. Apple has a trademark for app store. Previously another company had a trademark for "appstore" which is very similar.
You can write about the topic as though you have it all figured out but clearly your interpretation is not definitive as Apple was awarded the trademark.
Now perhaps eventually apple will lose it or have to modify it but the fact that they got the trademark and a legal battle would need to be waged for them to lose proves that your opinion of trademark law in this case is oversimplified.
It was.
Apple does not actually hold the trademark yet. That is still being decided. They filed their case against Amazon prematurely, hoping to either make Amazon change names or get a leg-up in the trademark hearings (or both).
ZilogZ80
Apr 11, 06:54 AM
Manual (stick) shift cars are rare today and I'm wondering how many people still know how to drive them. How did you learn and do you have a desire to own one?
What a wonderfully US-centric view you have there. :)
In the UK if you pass your test in an automatic then you are only allowed to drive automatics. I've never met anyone who has done this (there must be a few out there though!)
What a wonderfully US-centric view you have there. :)
In the UK if you pass your test in an automatic then you are only allowed to drive automatics. I've never met anyone who has done this (there must be a few out there though!)
spicyapple
Aug 29, 01:54 PM
Hope they bring back the $499 price point, Merom or not
I agree. :)
I was shocked when the price of the core duo minis increased in price above $500. As mentioned several times, that is the reason to buy a Mac mini. I think we'll see meroms in the iMacs as they represent the mid-level Macs in Apples line-up.
I agree. :)
I was shocked when the price of the core duo minis increased in price above $500. As mentioned several times, that is the reason to buy a Mac mini. I think we'll see meroms in the iMacs as they represent the mid-level Macs in Apples line-up.
Spanky Deluxe
Aug 6, 09:00 PM
Haha, I love the digs at Vista. Vista's been getting so much bad press recently this is fantastic. They should simply have this (http://www.youtube.com/watch?v=3QdGt3ix2CQ) video on repeat on screens throughout the event!!
dethmaShine
May 3, 04:56 AM
A good uninstaller is need in OS 10. I'd like to know where and how much is installed.
That's what Apple's trying NOT to do.
They don't want you to care about these issues what so ever. If you are interested, use an external software.
I remember a post that I read on MR some time back. It explained that there are some tasks that we should not be doing but we do out for our own sake; as if they are built into us. There are some tasks which we just do and don't realize we are doing them. They slowly transform into a habit and we can't get them go away just like that.
For eg. quitting of apps. Apple does NOT want us to quit the apps ourselves. They believe its high time the computers become self aware as to what they should be doing and taking care of their user's habits.
You shouldn't care about the installation files and other data. Just drag them out out to the trash and BOOM!.
The reason you have plist files and other data stored on the computer because the developers wanted so. Apple now strictly states that any data must be saved in the app and the library folder should not be referenced at all.
In my opinion, just like on Windows, its the developers responsibility to attach an uninstaller with their app Or just a simple script which keeps a track of all the files that were dumped in the machine and then just do a recursive remove on all the files and folders and done. It's the fault of developers and not Apple.
That's what Apple's trying NOT to do.
They don't want you to care about these issues what so ever. If you are interested, use an external software.
I remember a post that I read on MR some time back. It explained that there are some tasks that we should not be doing but we do out for our own sake; as if they are built into us. There are some tasks which we just do and don't realize we are doing them. They slowly transform into a habit and we can't get them go away just like that.
For eg. quitting of apps. Apple does NOT want us to quit the apps ourselves. They believe its high time the computers become self aware as to what they should be doing and taking care of their user's habits.
You shouldn't care about the installation files and other data. Just drag them out out to the trash and BOOM!.
The reason you have plist files and other data stored on the computer because the developers wanted so. Apple now strictly states that any data must be saved in the app and the library folder should not be referenced at all.
In my opinion, just like on Windows, its the developers responsibility to attach an uninstaller with their app Or just a simple script which keeps a track of all the files that were dumped in the machine and then just do a recursive remove on all the files and folders and done. It's the fault of developers and not Apple.
dmcaudio
Mar 22, 03:52 PM
I wonder if they'd give a revamped Classic Airplay capabilities... in addition to being the pocket media player we all know and love make it an addition to your other devices as a bulk mobile storage capable of pushing audio/video out to Apple TV, iPad, iPhone, etc. I'd buy another one then. I mean, I have a terabyte Toshiba drive that i carry in my laptop case, but that requires the USB cable. Who wants to dongle their drive?
gatearray
Apr 2, 11:14 PM
Always have to use the word magical
BMW thinks the word "magical" is so magical that they have borrowed it for their new television commercials.
BMW thinks the word "magical" is so magical that they have borrowed it for their new television commercials.
t0mat0
Sep 6, 09:42 AM
Silent upgrades anyone? :)
Makes the MBP upgrades more likely. Can only say to nay sayers, that MBP will be C2D before (12th) or *just* after the student offer ends (US) - Sept 16th. I'd bet someone an icecream over it...
The important thing as someone said is that it "is one less thing for next thing". They'd only do a media event with something substantial, otherwise they'd be overwhelming us with lots of small presentations. Just see it as 2 things to tick off the wishlist for Sept 12th/16th!
Makes the MBP upgrades more likely. Can only say to nay sayers, that MBP will be C2D before (12th) or *just* after the student offer ends (US) - Sept 16th. I'd bet someone an icecream over it...
The important thing as someone said is that it "is one less thing for next thing". They'd only do a media event with something substantial, otherwise they'd be overwhelming us with lots of small presentations. Just see it as 2 things to tick off the wishlist for Sept 12th/16th!
exabytes18
Jul 18, 03:36 AM
With such big files readily available to the public, I want to see so many people decide to rent a movie that the ISPs struggle with their oversold services. :D
Greebazoid
Aug 25, 09:05 AM
I havent yet found a situation where the 1.66 Yonah in my mini is the problem. granted, I dont use photoshop and I have the full whack of 2GB RAM - my beef with the mini is when I boot into 'doze and wanna play games - that GMA950 just cant cut the mustard.
So what would make me rush out and buy a new mini (and put this one under the TV) would be a faster graphics processor.
Cant see that happening any time soon tho.
and whats with all the Prius cars? sheeeeshh.
;-)
So what would make me rush out and buy a new mini (and put this one under the TV) would be a faster graphics processor.
Cant see that happening any time soon tho.
and whats with all the Prius cars? sheeeeshh.
;-)
macgeek18
Feb 18, 01:49 AM
No, I'm reclassing (from Infantry to Intelligence Analyst) here in Utah, and my Army National Guard unit is MOB'ing as soon as I'm done with this. I've been in for 6 years. I extended for an extra year to go with them again.
Good for you. Thanks for serving our country. :)
I enlisted in the US Army last week. I go in end of 2012 after I finish my degree. My job is IT Spec. Fitting isn't it. :)
Good for you. Thanks for serving our country. :)
I enlisted in the US Army last week. I go in end of 2012 after I finish my degree. My job is IT Spec. Fitting isn't it. :)
luke_s
Oct 24, 06:06 AM
APPLE STORE IS DOWN,
no joke
at least in Germany
Thumbs up :)
no joke
at least in Germany
Thumbs up :)
h00ligan
Nov 29, 07:37 PM
seriously...
"The iTV is already known to be able to stream music and photos as well, and the possibility of Apple including an internal hard drive in the iTV has already been raised, but the analyst also believes the iTV will have advanced user interface software to further the ultimate goal of improving user experience and simplifying consumers' use of content."
could you possibly predict anything more vague.. why the hell are people rating this positive?
"The iTV is already known to be able to stream music and photos as well, and the possibility of Apple including an internal hard drive in the iTV has already been raised, but the analyst also believes the iTV will have advanced user interface software to further the ultimate goal of improving user experience and simplifying consumers' use of content."
could you possibly predict anything more vague.. why the hell are people rating this positive?
codymac
Apr 7, 08:46 PM
During the Battle of Britain the British Isles alone produced more aircraft than the Nazis. An impressive feat considering the resources available to the Germans.
Indeed. The Brits produced far more planes they were able to produce pilots - roughly 20% of their pilots in the Battle of Britain were from other nations and came to be known as "The Few."
Indeed. The Brits produced far more planes they were able to produce pilots - roughly 20% of their pilots in the Battle of Britain were from other nations and came to be known as "The Few."
gnasher729
Jul 18, 03:11 AM
If I'm going to spend all that time downloading a movie, I should at least be able to keep it. Bah.
There is another possibility that wouldn't require any downloads at all. In the UK, many newspapers come with free CDs or DVDs quite often. It would be possible to ship a DVD with the latest movies that way (and you can fit quite a bit of material in H264 format on a double sided DVD), and the rental from iTMS would just unlock the material on the DVD. If you put trailers and promotional material on the DVD in a way that can be accessed directly, this would make many people rent the movies.
And if you want to watch the movie again in a few years, just put in the DVD again and rent it again; no download needed. In the end, even today harddisks are not yet quite big enough that you would want to keep all your rented movies on your harddisk.
There is another possibility that wouldn't require any downloads at all. In the UK, many newspapers come with free CDs or DVDs quite often. It would be possible to ship a DVD with the latest movies that way (and you can fit quite a bit of material in H264 format on a double sided DVD), and the rental from iTMS would just unlock the material on the DVD. If you put trailers and promotional material on the DVD in a way that can be accessed directly, this would make many people rent the movies.
And if you want to watch the movie again in a few years, just put in the DVD again and rent it again; no download needed. In the end, even today harddisks are not yet quite big enough that you would want to keep all your rented movies on your harddisk.
paradillon
Oct 23, 09:17 PM
I was helping a neighbor to order an iMac for his son tonight.
We logged into his apple account to look at the config on his previous order for his other son.
We got a notice saying the web and phone order system was down while being upgraded.
:eek:
We logged into his apple account to look at the config on his previous order for his other son.
We got a notice saying the web and phone order system was down while being upgraded.
:eek:
RebootD
Apr 3, 01:34 AM
I love the visual direction of the ad, letting the screen shine as the light source, zooming in on the intricacies of multi-touch but then I want to punch through a wall when I hear 'magical'.
lewis82
Nov 25, 01:27 PM
I could never get enticed into high end, multi-purpose glasses unless they came bundled with OS X and I could navigate through it using just my mind. :)
Especially when you take into account that all designer sunglasses and big brands like Oakley are made in the same factory in Italy...
http://online.wsj.com/article/SB10001424052748704518904575365362932852610.html
Especially when you take into account that all designer sunglasses and big brands like Oakley are made in the same factory in Italy...
http://online.wsj.com/article/SB10001424052748704518904575365362932852610.html
ddrueckhammer
Jul 18, 09:48 AM
This might get me to drop Netflix if it
1. Is $3.99 or less for downloads (the cost of a new Blockbuster rental).
2. Movies are at least DVD quality.
3. Can be played via a Mac Mini or Airport Express AV hooked up to my TV.
I would like to see bittorrent technology used to help cut the bandwidth costs for Apple and a queue system which automatically downloads the next movie in your queue and then deletes it at a specified time after you have played it. I will support this because if it works out then Apple will have the leverage to put $9.99 to keep movies on the store and I can still buy what I want for under $15 total after the rental.
As for people not wanting to store large videos on their hard drives, it is the 21st century. I have 1/2 Terrabyte of storage in external hard drives. So do many others and that's alot of storage for DVD quality films. I just read an article the other day about some disk format that is being developed at Harvard that will hold 50Tb! Storage isn't an issue and I can see many people having media servers instead of DVD/CD collections in their homes in the future.
1. Is $3.99 or less for downloads (the cost of a new Blockbuster rental).
2. Movies are at least DVD quality.
3. Can be played via a Mac Mini or Airport Express AV hooked up to my TV.
I would like to see bittorrent technology used to help cut the bandwidth costs for Apple and a queue system which automatically downloads the next movie in your queue and then deletes it at a specified time after you have played it. I will support this because if it works out then Apple will have the leverage to put $9.99 to keep movies on the store and I can still buy what I want for under $15 total after the rental.
As for people not wanting to store large videos on their hard drives, it is the 21st century. I have 1/2 Terrabyte of storage in external hard drives. So do many others and that's alot of storage for DVD quality films. I just read an article the other day about some disk format that is being developed at Harvard that will hold 50Tb! Storage isn't an issue and I can see many people having media servers instead of DVD/CD collections in their homes in the future.
iW00t
Jan 7, 12:45 AM
But the screen on the 17in MBP (1680x1050) by definition can't do HD (1920x1080). I don't care how well it can scale down, scaling down is not playing at true native resolution, and with most new content heading toward 1080i (and eventually 1080p), getting anything less than that now is just heading toward a dead end media wise IMO.
Why do you need HD on such a small device?
People have been watching TV on 640*480 28" TV sets for decades just fine. Likewise your Macbook Pro at 17" is doing as good as it possibly can at 17 inches, not like that extra 30 pixels vertically will make some difference.
My main concern with the Macbook Pros getting higher resolution displays is that there may be a possibility that Apple will break away from the current crop of low quality grainy displays and drop something else better in. Perhaps when Leopard is released we may even get the option to BTO in a higher resolution display.
Why do you need HD on such a small device?
People have been watching TV on 640*480 28" TV sets for decades just fine. Likewise your Macbook Pro at 17" is doing as good as it possibly can at 17 inches, not like that extra 30 pixels vertically will make some difference.
My main concern with the Macbook Pros getting higher resolution displays is that there may be a possibility that Apple will break away from the current crop of low quality grainy displays and drop something else better in. Perhaps when Leopard is released we may even get the option to BTO in a higher resolution display.
scottgroovez
Apr 3, 05:36 AM
Ironically the use of "magical" breaks the illusion. As soon as I hear that, it makes me think that's just clever tech rather than the experience they're selling.
guzhogi
Sep 1, 01:14 PM
I hope the resolution is higher on the 23" iMac than it is on the 23" Apple display. I'm sure the current Apple displays (of all sizes) don't go up as high as they could.
Anyways, weren't there also rumors of 42" Apple displays or something? Or are they waiting for HDMI to come more standard an video cards since doesn't HDMI handle higher resolutions than DVI? Just think of how high the resolution on a 42" screen would be like. 4800 x 3000? At least a dozen megapixels!
Anyways, weren't there also rumors of 42" Apple displays or something? Or are they waiting for HDMI to come more standard an video cards since doesn't HDMI handle higher resolutions than DVI? Just think of how high the resolution on a 42" screen would be like. 4800 x 3000? At least a dozen megapixels!
bigandy
Nov 29, 01:51 PM
Actually, I was thinking they were working on a car ;)
oh hell yeah, the iCar? Couldn't be iDrive - that's already a BMW thing :rolleyes:
I thought this the minute the thing was demonstrated - it'll be a whole lot more than they showed, and it'll look a whole lot different too, methinks. :)
oh hell yeah, the iCar? Couldn't be iDrive - that's already a BMW thing :rolleyes:
I thought this the minute the thing was demonstrated - it'll be a whole lot more than they showed, and it'll look a whole lot different too, methinks. :)
Homy
Jan 3, 09:39 AM
iMac 17" is not in stock anywhere in european Apple Stores and other web shops. Ships after 3 days, it says. In Canada all iMacs ship after 3-5 days.:cool:
No comments:
Post a Comment