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).
redAPPLE
Nov 30, 08:50 AM
i just want to know if this will replace the airport express.
GeeYouEye
Jan 2, 06:15 PM
Guaranteed, or almost guaranteed:
iWork 07
iLife 07
iTV
Very likely:
A new feature or two in Leopard, possibly with a release month
A new Jam Pack or 2
More iPod games
Likely:
Speed bump to one or more Mac lines
Demo of Photoshop CS 3
Update to some pro software app (but not all)
Less likely:
Discontinuation of Appleworks (only if iWork '07 includes a spreadsheet)
release date for Leopard
Major upgrade to Mac mini (video card upgrade) or MacBook Pro
New Displays
iPhone
Touch-screen video iPod
Unlikely:
New iMac form factor
Major upgrade to any line other than mini or MBP
New consumer software other than a spreadsheet addition to iWork
Upgrade to Logic, Filemaker, Shake, or Aperture
Immediate release of Leopard
New iPod form factor (iPod Micro, for example)
802.11n
"Yeah, no.":
New Pro App
New iPod Hi-Fi
xMac or any other new Mac line
Any new Apple peripherals (ie printer, scanner, camera, speakers.)
PCI(e) slots in anything but the Mac Pro :(
Apple switches back to PPC.
New kernel in Leopard
There, did I miss anything?
iWork 07
iLife 07
iTV
Very likely:
A new feature or two in Leopard, possibly with a release month
A new Jam Pack or 2
More iPod games
Likely:
Speed bump to one or more Mac lines
Demo of Photoshop CS 3
Update to some pro software app (but not all)
Less likely:
Discontinuation of Appleworks (only if iWork '07 includes a spreadsheet)
release date for Leopard
Major upgrade to Mac mini (video card upgrade) or MacBook Pro
New Displays
iPhone
Touch-screen video iPod
Unlikely:
New iMac form factor
Major upgrade to any line other than mini or MBP
New consumer software other than a spreadsheet addition to iWork
Upgrade to Logic, Filemaker, Shake, or Aperture
Immediate release of Leopard
New iPod form factor (iPod Micro, for example)
802.11n
"Yeah, no.":
New Pro App
New iPod Hi-Fi
xMac or any other new Mac line
Any new Apple peripherals (ie printer, scanner, camera, speakers.)
PCI(e) slots in anything but the Mac Pro :(
Apple switches back to PPC.
New kernel in Leopard
There, did I miss anything?
takao
Feb 26, 05:53 AM
i just checked the austrian chevrolet cruze site and interestingly the 2.0 diesel engine there doesn't match the power output of the engine mentioned here as it's a 163 hp, 360 nm engine opposed to the 150hp 320nm
the power output would fit the r 425 on the VM motori site but then the displacement doesn't match (2 liters vs. 2.5)
edit: nevermind ... the 163hp diesel is the new 2011 replacement engine for the 150 hp engine in the euro market, so i suspect the old production line of the 150hp version can no produce the engine for the US market ;)
the power output would fit the r 425 on the VM motori site but then the displacement doesn't match (2 liters vs. 2.5)
edit: nevermind ... the 163hp diesel is the new 2011 replacement engine for the 150 hp engine in the euro market, so i suspect the old production line of the 150hp version can no produce the engine for the US market ;)
Mainyehc
Nov 28, 01:51 PM
Because they fear the iPod and what it — and its ecosystem — may potentially evolve into; becoming a platform in its own right, particularly with the convergence of multimedia in the home.
Yes, I though about it... It was a rhetorical question of sorts, anyway. ;)
I'm also figuring they are afraid of the "Halo effect" (pun intended :D), as that'd explain the whole shebang. They were ALWAYS afraid of losing their leadership on the PC market, and that their iron-like grip would turn loose. The problem is, they grew lazy, and are preety much aware of that, as their delays in delivering Vista prove.
"So, let's just try to find some other markets to tap into, 'just in case' ", they probably thought...
That explains the XBox, the WebTV, Windows CE, Windows Mobile, and whatnot. The Zune is just the latest iteration of that behaviour, and more specifically an attempt at stopping the advance of Apple, the iPod, and ESPECIALLY the Mac/OS X platform (while your theory certainly seems interesting, iTV won't be such a threat to Microsoft as it'll most likely be fully compatible with a Windows PC running iTunes, as are the iPod and Airport Express... But it's a valid point, nonetheless :cool: ). iPod+iTunes users can buy a Mac and keep using their nice Apple gear (and even Windows if they really must), while becoming hooked up to the rest of their iLives at the same time, whereas Zune users... well, they can hook up in basements and squirt around, and that preety much sums it up. Or they can suck up and throw them in their drawers and buy an iPod "the next time", which is the most likely scenario.
So this seems to be just a desperation move by M$, in anticipation, but the media (or the market, for that matter) doesn't really get it... In preety much the same way that they didn't get it in when the iPod was initially launched. <manic speech> Five years from now, we'll be laughing our a**es off at yet some other random M$ failure, and fondly remembering the Zune as the beginning of the end. Muhahahahaha </manic speech>... :p
Yes, I though about it... It was a rhetorical question of sorts, anyway. ;)
I'm also figuring they are afraid of the "Halo effect" (pun intended :D), as that'd explain the whole shebang. They were ALWAYS afraid of losing their leadership on the PC market, and that their iron-like grip would turn loose. The problem is, they grew lazy, and are preety much aware of that, as their delays in delivering Vista prove.
"So, let's just try to find some other markets to tap into, 'just in case' ", they probably thought...
That explains the XBox, the WebTV, Windows CE, Windows Mobile, and whatnot. The Zune is just the latest iteration of that behaviour, and more specifically an attempt at stopping the advance of Apple, the iPod, and ESPECIALLY the Mac/OS X platform (while your theory certainly seems interesting, iTV won't be such a threat to Microsoft as it'll most likely be fully compatible with a Windows PC running iTunes, as are the iPod and Airport Express... But it's a valid point, nonetheless :cool: ). iPod+iTunes users can buy a Mac and keep using their nice Apple gear (and even Windows if they really must), while becoming hooked up to the rest of their iLives at the same time, whereas Zune users... well, they can hook up in basements and squirt around, and that preety much sums it up. Or they can suck up and throw them in their drawers and buy an iPod "the next time", which is the most likely scenario.
So this seems to be just a desperation move by M$, in anticipation, but the media (or the market, for that matter) doesn't really get it... In preety much the same way that they didn't get it in when the iPod was initially launched. <manic speech> Five years from now, we'll be laughing our a**es off at yet some other random M$ failure, and fondly remembering the Zune as the beginning of the end. Muhahahahaha </manic speech>... :p
Kirbdog
Jan 1, 09:29 PM
I am hoping that movies and TV shows get offered outside the US on the iTunes store. Steve mentioned that this would be happening in 2007 when he previewed the iTV box. I think many would like to see this sooner than later.
A true video iPod would really compliment this announcement:D :D
A true video iPod would really compliment this announcement:D :D
-SD-
Mar 24, 04:45 PM
Putting a 6970 in the Pro sounds like a fantastic idea. Might do it this weekend.
:apple:
:apple:
QCassidy352
Sep 20, 08:18 PM
Having now had an iphone 4 for a month, I consider this the most overblown problem I've ever come across. Yes, I can lose bars if I don't have a case and hold it a certain way while in a bad coverage area. I can do that on my 3GS and bb curve, too. Yes, I lose more bars with the iphone 4 than those phones. But again, only with no case and holding it a certain way, in a low coverage area. So I move my finger a quarter inch.
Who. freaking. cares.
Honestly, people are so worried about the principle of the matter (I shouldn't have to use a case! I shouldn't have to change how I hold it!) that they've completely missed whether it actually really makes for a worse experience. For me, it absolutely does not.
I also still don't get how CR can give it the highest overall rating and not recommend it.
Who. freaking. cares.
Honestly, people are so worried about the principle of the matter (I shouldn't have to use a case! I shouldn't have to change how I hold it!) that they've completely missed whether it actually really makes for a worse experience. For me, it absolutely does not.
I also still don't get how CR can give it the highest overall rating and not recommend it.
pjgoel
Nov 29, 05:58 PM
With a hard disk in it. iTV will not require a computer - will give you internet access on your TV. Dock the iPod, and allow you to buy directly movies, songs & content. I.e. without streaming. Direct download through a Wifi intenet connection. Could even have the ability to stream from the internet - I.e. cable, etc.. coupled with a DVR for recording. Would be amazing if it could do all of the above.
PBF
Apr 10, 02:13 AM
WOW!!! iCal looks *********g UGLY... I hope they add an option to use a standard gray toolbar area... That seems so unlike apple to do something like that.
Heh.. What if they give everything that look :). I think I would switch to windows if they did that..
I don't understand why everyone seems to dislike the "new" iCal so much. Clearly, it was adopted by iPad iOS at first and now by Mac OS X Lion. Nothing new here. Nothing unexpected.
I don't remember people disliking/complaining about the iCal look on iPad at all. I tell ya, people complain just for the sake of complaining. What a crowd. :rolleyes:
Heh.. What if they give everything that look :). I think I would switch to windows if they did that..
I don't understand why everyone seems to dislike the "new" iCal so much. Clearly, it was adopted by iPad iOS at first and now by Mac OS X Lion. Nothing new here. Nothing unexpected.
I don't remember people disliking/complaining about the iCal look on iPad at all. I tell ya, people complain just for the sake of complaining. What a crowd. :rolleyes:
wealjays
Jul 19, 06:25 PM
I'm about ready to buy a 20" iMac but I want the new OS. How long do I have to wait?
I dont know for sure but isnt an OS upgrade with apple like $25 a piece in a family pack?
Why dont you get the computer you want now and in 6 months shell out the extra few bucks for Leopard.
Remember they arent Microsoft that charges an arm and a leg for windows.
p.s. This seems obvious. Am I missing something?:confused:
I dont know for sure but isnt an OS upgrade with apple like $25 a piece in a family pack?
Why dont you get the computer you want now and in 6 months shell out the extra few bucks for Leopard.
Remember they arent Microsoft that charges an arm and a leg for windows.
p.s. This seems obvious. Am I missing something?:confused:
iJohnHenry
Mar 19, 02:42 PM
Absolutely. Bloody politicians... where's Wikileaks when you need it! :D
The public can be tough, so they require marination, before eating.
The public can be tough, so they require marination, before eating.
toddybody
Apr 19, 11:56 AM
Just because 256 is 'perfect' for you does not mean it is perfect for everyone else. I need 500GB SSD. External drive solutions are just way to slow compared to internal SSD. The SSD upgrade on my Laptop was the best upgrade ever, now I want an 27'' iMac with 500GB SSD and lots of memory.
500GB of SSM ? Holey Moley Daddy Warbucks.
PS: you should check out the new PCI SSD (http://www.newegg.com/Product/Product.aspx?Item=N82E16820227581), when they start making external PCI enclosures for "ThunderCat"...youll be golden buddy:)
500GB of SSM ? Holey Moley Daddy Warbucks.
PS: you should check out the new PCI SSD (http://www.newegg.com/Product/Product.aspx?Item=N82E16820227581), when they start making external PCI enclosures for "ThunderCat"...youll be golden buddy:)
Macky-Mac
Mar 31, 01:35 PM
Japan? Yes. The Nazis? Certainly not. The Soviets defeated the Nazis......
To say any one country defeated the nazis really isn't true. It's as unreasonable a claim as rasmasyean's wargasmic fantasy :p
As it was, the nazi invasion of russia came very close to success. Would the soviets have defeated the nazis if germany hadn't also been engaged in northern africa and then italy and western europe at the same time they were fighting the soviets? Would they have have beaten Hitler if he hadn't gone against the advice of his generals and made some disastrous decisions? Didn't the Persian supply corridor factor into the soviets being able to hold off the germans? etc etc etc
The reality is that the allied forces beat the nazis and not any one country.
To say any one country defeated the nazis really isn't true. It's as unreasonable a claim as rasmasyean's wargasmic fantasy :p
As it was, the nazi invasion of russia came very close to success. Would the soviets have defeated the nazis if germany hadn't also been engaged in northern africa and then italy and western europe at the same time they were fighting the soviets? Would they have have beaten Hitler if he hadn't gone against the advice of his generals and made some disastrous decisions? Didn't the Persian supply corridor factor into the soviets being able to hold off the germans? etc etc etc
The reality is that the allied forces beat the nazis and not any one country.
CorvusCamenarum
Mar 21, 11:36 PM
I think that allowing Gaddafi to remain in power at this point is not an option for anything but the immediate short-term. But it is the Libyan people who ultimately must remove him. The rebels' policy is ending the Gaddafi regime, and they have refused to negotiate on that point. Currently they have a strong hand - as long as they can keep Gaddafi at bay (effectively with coalition help) he will go nowhere. At best he can try to hold on to Tripoli and the remaining loyalist towns. Any attempt to re-take rebel-held territory will be opposed by both the rebels and the UN-mandated coalition.
The smart thing to have done would have been to sit this one out, then make nicey-nice with the victors. Why we think the Arab common masses will suddenly love us once we go in with bombs flying and reduce a sizable portion of their country to parking lot status is beyond me.
I honestly wouldn't be surprised if the end result of all this is not at all dissimilar to the goings-on in Iraq.
The smart thing to have done would have been to sit this one out, then make nicey-nice with the victors. Why we think the Arab common masses will suddenly love us once we go in with bombs flying and reduce a sizable portion of their country to parking lot status is beyond me.
I honestly wouldn't be surprised if the end result of all this is not at all dissimilar to the goings-on in Iraq.
puckhead193
Apr 12, 09:46 PM
This is working equally not well.
doesn't work for me... (Plus my ads are in spanish! :confused:)
doesn't work for me... (Plus my ads are in spanish! :confused:)
Silentwave
Jan 5, 05:20 PM
<snip>
Never happening, even though this was naturally a joke, because not only would every apple user throw themselves off the highest mountain in Cupertino, but every Windows fanboi would jump off the steepest cliff in Redmond!
Never happening, even though this was naturally a joke, because not only would every apple user throw themselves off the highest mountain in Cupertino, but every Windows fanboi would jump off the steepest cliff in Redmond!
ajiuo
Apr 9, 07:16 PM
WOW!!! iCal looks *********g UGLY... I hope they add an option to use a standard gray toolbar area... That seems so unlike apple to do something like that.
Heh.. What if they give everything that look :). I think I would switch to windows if they did that..
Heh.. What if they give everything that look :). I think I would switch to windows if they did that..
smulji
May 2, 04:31 PM
Hmm..that'll feel odd...
Hold down for 2(ish) seconds
click 'X'
click 'ok'.
OR
Drag to trash...
Seems like change for the sake of change. Hardly a groundbreaking new feature.
It's not about being groundbreaking perse. It's about making the look & feel of the UI similar to iOS devices so that those who use are using iOS devices but switching to the Mac don't have a steep learning curve.
Makes sense to me.
Hold down for 2(ish) seconds
click 'X'
click 'ok'.
OR
Drag to trash...
Seems like change for the sake of change. Hardly a groundbreaking new feature.
It's not about being groundbreaking perse. It's about making the look & feel of the UI similar to iOS devices so that those who use are using iOS devices but switching to the Mac don't have a steep learning curve.
Makes sense to me.
Roy Hobbs
Jan 2, 10:48 AM
An iMac with an adjustable screen height, with dual C2D chips.
I would love to see an iMac with a height adjustable screen. Dual c2d chips would be nice too. But I would rather have the height adjustment. My wife wants a 24 inch iMac but the hutch on her desk is 0.6 inches to short.
I would love to see an iMac with a height adjustable screen. Dual c2d chips would be nice too. But I would rather have the height adjustment. My wife wants a 24 inch iMac but the hutch on her desk is 0.6 inches to short.
Benguitar
Nov 26, 03:02 PM
http://www.oakley.com/images/catalog/generated/380x340/8b/489a167f2c2e2.jpg
Large Carbon Fiber Oakley Case.
I'm planning on getting back into photography, I'd like to get a Canon T2i and the 'Nifty Fifty' lens, So I will just use my new Pelican for that.
Maybe everyone won't hate me now.
To end all further BS do I feel like an idiot for putting sunglasses in a gun case? No.
Was it over kill? Yeah, I'll admit that.
Did I lose money on it? Nope, I've already found a new use for it.
The only thing that irritates the **** out of me, Is the members here on MacRumors, I've been through this type of crap before, Apparently everyone was bullied as a child or something because when ANYONE says something that isn't correct or seems "odd" people here jump on them and make sure to rub whatever it is in their face.
To me, Members here at MacRumors (not all, but lots) are the dictionary definition for 'Internet Bullying/Harassment.'
I've heard that you guys like to argue, Well believe it or not, Not all people like to argue. Nor do all people like to hear your narrow-minded pessimistic opinions.
So. Hope I was entertaining for some of you, I just don't like being picked on when you have no place what-so-ever to give another person crap about anything.
Have a nice day.
Large Carbon Fiber Oakley Case.
I'm planning on getting back into photography, I'd like to get a Canon T2i and the 'Nifty Fifty' lens, So I will just use my new Pelican for that.
Maybe everyone won't hate me now.
To end all further BS do I feel like an idiot for putting sunglasses in a gun case? No.
Was it over kill? Yeah, I'll admit that.
Did I lose money on it? Nope, I've already found a new use for it.
The only thing that irritates the **** out of me, Is the members here on MacRumors, I've been through this type of crap before, Apparently everyone was bullied as a child or something because when ANYONE says something that isn't correct or seems "odd" people here jump on them and make sure to rub whatever it is in their face.
To me, Members here at MacRumors (not all, but lots) are the dictionary definition for 'Internet Bullying/Harassment.'
I've heard that you guys like to argue, Well believe it or not, Not all people like to argue. Nor do all people like to hear your narrow-minded pessimistic opinions.
So. Hope I was entertaining for some of you, I just don't like being picked on when you have no place what-so-ever to give another person crap about anything.
Have a nice day.
Chaos123x
Apr 12, 09:57 PM
My thoughts exactly!. As a owner of FCP 7 (and the rumord price drop for FCP X) How much will the upgrade cost? Price speculation time!
I hope they don't consider this a all new program and not offer upgrades.
But then again it might be offered for cheap on the App Store anyway.
I hope they don't consider this a all new program and not offer upgrades.
But then again it might be offered for cheap on the App Store anyway.
J the Ninja
Apr 12, 09:27 PM
""Magnetic Timeline": audio moves vertically out of the way instead of causing a trim collision"
YEAH!
YEAH!
j800r
Mar 23, 04:57 PM
I have a huge music collection consisting of 15,648 tracks (and trust me, it's gonna grow). I bought my iPod Classic at the end of 2008. It's a 160GB model and I must say, it's the best portable mp3 player I've ever owned or used in my entire life! As for the person who said the sound quality sucks, I don't know what the hell they're smoking. Maybe they should stop using the default earphones and buy some decent ones, cause the sound quality is perfect!
I don't care about cover flow being a little laggy. With a music collection as large as mine it would be extremely counter-productive to browse through every single album, so I browse through my extensive list of artists instead, THEN chose the artist's album. Or I just stick it on shuffle and let the iPod surprise me.
They shouldn't update it either. Nowadays people are spoiled by every little gadget being packed with so many ridiculous features it's unbelievable. The classic is perfect for what it is, and you shouldn't mess with perfection otherwise you'd screw it up. If they discontinued the Classic they'd be discontinuing a legacy and I for one will not be happy.
I don't care about cover flow being a little laggy. With a music collection as large as mine it would be extremely counter-productive to browse through every single album, so I browse through my extensive list of artists instead, THEN chose the artist's album. Or I just stick it on shuffle and let the iPod surprise me.
They shouldn't update it either. Nowadays people are spoiled by every little gadget being packed with so many ridiculous features it's unbelievable. The classic is perfect for what it is, and you shouldn't mess with perfection otherwise you'd screw it up. If they discontinued the Classic they'd be discontinuing a legacy and I for one will not be happy.
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