ten-oak-druid
Apr 26, 02:11 PM
Try again what ? It's not a word mark, it's a typed drawing, meaning you could trademark Pet Store too if it is a different drawing all together (different font, different shape, different color).
It's basically a logo trademark, like let's say : :apple:
Your point is that you cannot find such a trademark as "app store" in the standard character format because "app store" is too general right? The other person posted that "pet store" would be a ridiculous example of this.
"Registration of a mark in the standard character format will provide broad rights, namely use in any manner of presentation."
Source: http://www.uspto.gov/trademarks/basics/index.jsp
Ok fair enough. Pet store was registered in the stylized or design format.
But your basic argument against Apple is that they cannot use app store as a trademark in the broader text format because it is too general. But this is not the only example of such a thing.
If this is the case then Apple Store will be thrown out too. It is the same type of trademark. Two words, not one and not preceded by "the".
App Store
Apple Store
The other argument is that "app" is too generic and that the term was around prior to the trademark. I do not believe this is valid either as "app" may have existed but was not widely used. The argument would have been used agains the prior trademark of "appstore" in that case.
One thing is for sure. Our opinions will have no bearing on the final outcome.
1. Look, the form in which it was trademarked matters. Otherwise, there would only be 1 type of mark. You can overrule it all you want, in the end you were wrong.
2. App is as much a part of the lexicon as pet. I know I've been using it for more than a decade.
You define the lexicon of the overall society?
The point that has been brought forth to the USPTO is that Apple has no right to an exclusive mark on App Store because of its descriptive and generic nature. This is not like the examples you cite, the problem is not that Apple has a shoe store they want to call Yellow, it's that they have a shoe store they want to call shoe store.
That is the problem defined by people who object to Apple's trademark. It has not been decided whether Apple's trademark should be invalidated based on this opinion yet.
It's basically a logo trademark, like let's say : :apple:
Your point is that you cannot find such a trademark as "app store" in the standard character format because "app store" is too general right? The other person posted that "pet store" would be a ridiculous example of this.
"Registration of a mark in the standard character format will provide broad rights, namely use in any manner of presentation."
Source: http://www.uspto.gov/trademarks/basics/index.jsp
Ok fair enough. Pet store was registered in the stylized or design format.
But your basic argument against Apple is that they cannot use app store as a trademark in the broader text format because it is too general. But this is not the only example of such a thing.
If this is the case then Apple Store will be thrown out too. It is the same type of trademark. Two words, not one and not preceded by "the".
App Store
Apple Store
The other argument is that "app" is too generic and that the term was around prior to the trademark. I do not believe this is valid either as "app" may have existed but was not widely used. The argument would have been used agains the prior trademark of "appstore" in that case.
One thing is for sure. Our opinions will have no bearing on the final outcome.
1. Look, the form in which it was trademarked matters. Otherwise, there would only be 1 type of mark. You can overrule it all you want, in the end you were wrong.
2. App is as much a part of the lexicon as pet. I know I've been using it for more than a decade.
You define the lexicon of the overall society?
The point that has been brought forth to the USPTO is that Apple has no right to an exclusive mark on App Store because of its descriptive and generic nature. This is not like the examples you cite, the problem is not that Apple has a shoe store they want to call Yellow, it's that they have a shoe store they want to call shoe store.
That is the problem defined by people who object to Apple's trademark. It has not been decided whether Apple's trademark should be invalidated based on this opinion yet.
rasmasyean
Mar 26, 09:33 PM
Well, the US controls the AWACS so that kind of says the US still prolly running a big part of the show in reality. Also the tomahawks are flying arround too. I would doubt US command is taking orders from the Canadians. I wonder if the US is purposly trying to "hide their face" given the fact that much of the muslim world resents them for leading the past 2 wars.
Mainyehc
Nov 28, 12:26 PM
MS hasn't bet the farm on anything. It bought into the game with a moderately high ante and has many many chips in its stack. Just because they aren't usually smart doesn't mean they will always be stupid. It could come down to Gates' successor's vision which won't be known til he's sitting in the big chair.
Erm... So you're calling a slightly reheated Toshiba Gigabeat-POS with pseudo-WiFi (sure, it may be fully enabled in the future, but with a screen with that resolution, it'd be preety much useless) a "moderately high ante"?
I'm figuring they are getting more and more stupid, each and every day that passes. Read a bit of Daniel Eran's RoughlyDrafted Magazine (http://www.roughlydrafted.com/RD/Home/Home.html), and you'll know what I mean by "stupid"...
And by the way, there's already a "Gates' sucessor", and I'm talking about the CEO title, not the Chairman... Come to think about it, Ballmer is already a "chair-man" of sorts... :D And we all know how smart that guy is. :rolleyes:
Erm... So you're calling a slightly reheated Toshiba Gigabeat-POS with pseudo-WiFi (sure, it may be fully enabled in the future, but with a screen with that resolution, it'd be preety much useless) a "moderately high ante"?
I'm figuring they are getting more and more stupid, each and every day that passes. Read a bit of Daniel Eran's RoughlyDrafted Magazine (http://www.roughlydrafted.com/RD/Home/Home.html), and you'll know what I mean by "stupid"...
And by the way, there's already a "Gates' sucessor", and I'm talking about the CEO title, not the Chairman... Come to think about it, Ballmer is already a "chair-man" of sorts... :D And we all know how smart that guy is. :rolleyes:
Big-TDI-Guy
Mar 4, 09:19 PM
Dear god I hope that Golf GTD shows up stateside.
I believe I will own one, should it happen.
That's purty. :)
I believe I will own one, should it happen.
That's purty. :)
mi5moav
Jul 18, 08:19 AM
I actually prefer the rental method. I have so many movies I've bought over the years and on average I've watched them maybe 3 or 4 times. Yes, some I've actually watched 5 or 6 but alot of those now are shown on Network, and with HD tv and tivo I won't buy any new ones. But we still rent(for free, from our library) anywhere between 6 to 8 movies a week. So, if the new itunes video store can rent rent movies at .99 cents for a 3-5 day unlimited viewing I'm in. At 1.99 I might rent a few at 2.99 I really doubt it. at 4.99 no way in hell.
I still don't understand how QT is capable of doing this since Apple hasn't really implemented any kind of DRM into there players(fairplay, is a joke)
I still don't understand how QT is capable of doing this since Apple hasn't really implemented any kind of DRM into there players(fairplay, is a joke)
bobsentell
May 2, 05:53 PM
Man that Windows dialog is horrible. Why is there so much info? Are the file size and image dimensions influencing whether or not I want to delete it? And the classic Windows "Yes" and "No" buttons (instead of having something useful like Cancel and Delete. If that dialog pops up, you have to squint your eyes and look all over until you see "Delete ..." in the upper left corner, then take a second to make sure "Yes" actually means "Delete". And if you want to cancel, should you hit "No" or the X in the top right?
Man, that OS X dialog IS NOTHING like that Aero dialog.
Well, considering the dialog box says "Are you sure you want to delete xxxx?" I think a "Yes" or "No" are the best possible choices.
Man, that OS X dialog IS NOTHING like that Aero dialog.
Well, considering the dialog box says "Are you sure you want to delete xxxx?" I think a "Yes" or "No" are the best possible choices.
Machead III
Sep 7, 06:34 AM
I know they don't blow up 747s anymore, and the days of John Woo film sets with million dollar explosives going off in every scene being over (aside from the odd Speilberg or Scott production), but admittedly there are plenty of expensive CGI films out there.
It seems you can save a lot of money by avoiding a lot of pure CGI; films like Star Wars and King Kong that contain vast portions of CGI developed from scratch seem to cost a lot more than films like Sin City and A Scanner Darkly that are essentially live-action films that have been doctored in post-production.
Renaissance is the exception because although it's entirely from-scratch-CGI, the scenes are no where near as complex and detailed as King Kong etc.
It seems you can save a lot of money by avoiding a lot of pure CGI; films like Star Wars and King Kong that contain vast portions of CGI developed from scratch seem to cost a lot more than films like Sin City and A Scanner Darkly that are essentially live-action films that have been doctored in post-production.
Renaissance is the exception because although it's entirely from-scratch-CGI, the scenes are no where near as complex and detailed as King Kong etc.
Full of Win
Mar 22, 05:20 PM
Just curious, Why?
1. Bluetooth car audio systems
2. Bluetooth headphones
3. Bluetooth speakers.
The iPod is primarly an audio device, Bluetooth is a common audio transmission method. What more is there to say?
1. Bluetooth car audio systems
2. Bluetooth headphones
3. Bluetooth speakers.
The iPod is primarly an audio device, Bluetooth is a common audio transmission method. What more is there to say?
gkarris
Nov 29, 09:26 AM
I think that 17" is great - they've got'em already with the iMac. Prices to need to drop with the market. They'll still be more as the monitors are of better quality. IMHO:
17" - $399
20" - $599
23" - $899
30" - $1899
Bring back a $499 Mac Mini and a basic mouse and you have an inexpensive system!
(Maybe Apple could make a special "bundle" for $899?)
17" - $399
20" - $599
23" - $899
30" - $1899
Bring back a $499 Mac Mini and a basic mouse and you have an inexpensive system!
(Maybe Apple could make a special "bundle" for $899?)
ernestc
Jan 11, 10:42 PM
Maybe Apple's poster actually says more but we can't see the bottom?
Something like: "There's something in the air... blow it out your ass Microsoft" :p
haha
Something like: "There's something in the air... blow it out your ass Microsoft" :p
haha
Blue Velvet
Mar 22, 12:23 PM
lol no, look at my previous post.
Wasn't sure, so had to ask. :)
It's such a weird notion, that people can choose their sexual orientation. But then, I don't believe that's what many really believe when they say it... instead, I get the vibe that what they mean to say is 'why can't you just closet yourself and act straight?'.
Wasn't sure, so had to ask. :)
It's such a weird notion, that people can choose their sexual orientation. But then, I don't believe that's what many really believe when they say it... instead, I get the vibe that what they mean to say is 'why can't you just closet yourself and act straight?'.
Built
Apr 2, 11:58 PM
Ummm - the reason probably is shown on the 1400 post "light bleed" thread. People WANT the thing bad so they don't "return" it... they get it "swapped". Quite a few people over there are on their 4th to 5th swap
(which boggles my mind frankly) in a search to get one with no bleed.
They all seem to have it to varying degrees but I have to hand it to Apple for (so far) not claiming this is "in spec" to shut down all these
"swaps".
Apple probably lists all these as "exchanges" and therefore they don't count as "returns". Makes the customer happy and makes them look good in the press. Everybody wins.
Towards the end of the huge thread over at Apple.com people are being told the same thing from the reps when they call... that Apple "is looking into the qc issue on this batch of iPads and hopes to resolve the issue". That's good news for everybody.
...but all the Apple apologists...so quick to jump to Apple's defense...say that there is no such problem. :D
You are dead on correct. Many people do not want to endure the wait for a new one if they return it...Many are waiting to see if Apple can resolve the issue in a future production batch. What good is exchanging if the new one is going to have the same, or worse, problem
I love Apple products but I am always entertained by the rabid zeal of the delusional Apple apologists who insist the company can do no wrong...OR...they simply ignore the common, and obvious, flaws in the Apple product they buy, trying to convince themselves that they have the only "good" one...which on some subconscious level they need to tell themselves so they can believe they are "special" somehow.
(which boggles my mind frankly) in a search to get one with no bleed.
They all seem to have it to varying degrees but I have to hand it to Apple for (so far) not claiming this is "in spec" to shut down all these
"swaps".
Apple probably lists all these as "exchanges" and therefore they don't count as "returns". Makes the customer happy and makes them look good in the press. Everybody wins.
Towards the end of the huge thread over at Apple.com people are being told the same thing from the reps when they call... that Apple "is looking into the qc issue on this batch of iPads and hopes to resolve the issue". That's good news for everybody.
...but all the Apple apologists...so quick to jump to Apple's defense...say that there is no such problem. :D
You are dead on correct. Many people do not want to endure the wait for a new one if they return it...Many are waiting to see if Apple can resolve the issue in a future production batch. What good is exchanging if the new one is going to have the same, or worse, problem
I love Apple products but I am always entertained by the rabid zeal of the delusional Apple apologists who insist the company can do no wrong...OR...they simply ignore the common, and obvious, flaws in the Apple product they buy, trying to convince themselves that they have the only "good" one...which on some subconscious level they need to tell themselves so they can believe they are "special" somehow.
NathanMuir
Mar 19, 05:46 PM
I don't see a problem with its inclusion on the App Store.
As has been pointed out, its up to the user to decide if he or she wants to download an app.
IMO, the Fart and Porn/ Pin Up apps are more distasteful and offensive than the App you've mentioned.
As has been pointed out, its up to the user to decide if he or she wants to download an app.
IMO, the Fart and Porn/ Pin Up apps are more distasteful and offensive than the App you've mentioned.
ssk2
Apr 3, 01:14 PM
Because I'm interested in the pathology of people like you, and I'm trying to understand how you can compare an existing product with a product that is nothing but talk, to the disadvantage of the product you can actually buy, and decide in favor of the product that doesn't exist. Just psychological curiosity.
Are you kidding me?!
The 'pathology of people like me'? Who do you think you are? Facts are that I've neither held, or used either device, so I'll wait until I have until I make my decision. What's so controversial about that? How am I talking about the iPad in any kind of disadvantageous way? I'm just saying I want to try both and have not made up my mind yet. Rational.
The Playbook does exist too, no matter how much you say it doesn't. What on earth are you basing you assumption on? Where did I ever promote the Playbook over the iPad? Please retract your comments.
Are you kidding me?!
The 'pathology of people like me'? Who do you think you are? Facts are that I've neither held, or used either device, so I'll wait until I have until I make my decision. What's so controversial about that? How am I talking about the iPad in any kind of disadvantageous way? I'm just saying I want to try both and have not made up my mind yet. Rational.
The Playbook does exist too, no matter how much you say it doesn't. What on earth are you basing you assumption on? Where did I ever promote the Playbook over the iPad? Please retract your comments.
FireStar
Oct 30, 03:10 PM
The switcheasy color looks good, and it's cheap, but this griffin one (http://www.griffintechnology.com/products/flexgrip-action-touch4g) also looks good and this Speck pixelskin (http://www.speckproducts.com/ipod-audio/ipod-touch-4th-gen/pixelskin-black-1501.html) too, but the griffin one seems to be shock/drop proof (at least more so than the other 2).
Well, they're all silicone (not sure about the Griffin Flex Grip), but the Griffin seems to be more thick. It probably would have more protection than the others, but Switcheasy has the Jellybean Home Button, and tons of accessories.
For me, it would go:
justin bieber and selena gomez
Justin Bieber Selena Gomez
justin bieber and selena gomez
Selena Gomez, kissing
Well, they're all silicone (not sure about the Griffin Flex Grip), but the Griffin seems to be more thick. It probably would have more protection than the others, but Switcheasy has the Jellybean Home Button, and tons of accessories.
For me, it would go:
Lord Blackadder
Mar 22, 03:52 PM
The French get very annoyed about the number hanging around near the tunnel trying to sneak over.
And we all know how much the English enjoy annoying the French. :)
And we all know how much the English enjoy annoying the French. :)
apb3
Aug 16, 01:23 PM
It wouldn't necessarily require ANY extra DRM, they'd just build it in to the update of the ipod and itunes software. Buy a song directly on the iPod, it only gets transferred to computers with your itunes shopping account. That's pretty much how it works already.
Build what into the update?? more Digital rights management... And we go back to Apple's one-way iTunes to iPod transfer selling point to music labels. Once the floodgates to two-way transfer are opened officially, bye bye contracts with major lables and forget about movies.
Build what into the update?? more Digital rights management... And we go back to Apple's one-way iTunes to iPod transfer selling point to music labels. Once the floodgates to two-way transfer are opened officially, bye bye contracts with major lables and forget about movies.
ATG
Sep 7, 12:48 PM
To be honest I don't care about movies�
GET THE TV STORE IN THE UK ALREADY!!!! :mad:
GET THE TV STORE IN THE UK ALREADY!!!! :mad:
Evangelion
Jul 14, 05:37 AM
It would be nice - in theory - to have a hyper-fast wireless connection; however, what does it matter if my outside line stays at 2M/512k speed?
Because those speeds go up? And because you are not always accessing the outside?
Because those speeds go up? And because you are not always accessing the outside?
twoodcc
Jan 23, 12:36 AM
Thanks. points will be down for a bit cuz of power and internet outage caused by too much ICE. I will get everything going again tonight when I get home.
i hear ya. it seems we all are having problems lately.
i hear ya. it seems we all are having problems lately.
X2468
Mar 22, 11:14 PM
I have a classic and an iPhone....
I use both and always will
I'm with you. My classic is so handy and useful. I have it loaded with music, videos, data, podcasts, it's just a terrific all around device. If they increase the capacity, I'll buy a new one upon release. Classic is the perfect name for this valuable device.
I use both and always will
I'm with you. My classic is so handy and useful. I have it loaded with music, videos, data, podcasts, it's just a terrific all around device. If they increase the capacity, I'll buy a new one upon release. Classic is the perfect name for this valuable device.
gLaDiAtOr73
Apr 19, 03:34 PM
i wish they could wait and roll out the new imacs w/ Lion in June. im trying to hold out...its hard...lol
Scarlet Fever
Oct 23, 07:42 AM
can't wait for the "my C2D MBP isn't much faster than my old CD MBP; Why did you make us wait, Apple?!?!" threads to emerge
ill just sit here, blissfully working away on my excessivly powerful baseline MacBook... :D
ill just sit here, blissfully working away on my excessivly powerful baseline MacBook... :D
SaddY
Aug 7, 06:05 AM
Well I think it's not AMD who is against apple using ATI products.. not at all.. I think it will be Intel trying to prevent Apple from buying from their biggest competitor and rather have them buy at Nvidia (somewhat independant).