Tag Archives: case
A small New York publisher that uses the label “ibooks” has struck out in its lawsuit against Apple, after a New York court on Wednesday held that the publisher’s mark was not distinct and that consumers would not confuse the two companies’ products.
The case began in 2011 after Black Tower Press, a publisher of sci-fi and fantasy titles, filed a trademark suit in response to Apple’s announcement that it would use the word “iBooks” to describe software that allows users to purchase online books. Here’s a look at the two marks:
Black Tower came into possession of the “ibooks” mark in 2006 by purchasing the assets of another publishing company that had used the word for an imprint that sold millions of sci-fi and horror books in the early 2000′s. Neither Black Tower nor its predecessor, however, obtained a registered trademark for the word.
Apple, on the other hand, did obtain registered trademark rights. It first obtained a license to use “iBook” from another software company in 1999 to describe a line of colorful computers; in 2010, Apple bought the other company’s trademark entirely.
In a detailed decision, U.S. District Judge Denise Cote explained that the word “ibooks” was simply descriptive of books sold on the internet, and that Black Tower had not acquired any distinctive meaning in the word — only in the word and lightbulb logo used together.
Cote also wrote that she was granting summary judgment to Apple for a second reason: that no consumers would be confused by the two companies’ products:
They have offered no evidence that consumers who use Apple’s iBooks software to download ebooks have come to believe that Apple has also entered the publishing business and is the publisher of all of the downloaded books, despite the fact that each book bears the imprint of its actual publisher.
You can read a copy of the decision below with important parts highlighted. (Publishing insiders — check out the judge’s skewering at pages 31-35 of the expert testimony of industry veteran, Michael Shatzkin).
Related research and analysis from GigaOM Pro:
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The iPhone 4 and iPhone 5 were crafted like two beautiful Samurai swords. Few mobile devices have ever been in the same league in terms of hardware design — at least until the HTC One came along.
Of course, the iPhone’s design has famously traded function for form at times. But, from a purely aesthetic point of view, the real challenge for the iPhone is that its owners value the device so much they wrap it in hideously ugly cases to protect it.
The world’s ugliest phone cases are used to protect the world’s most beautiful mobile device. The evidence is in abundance from midtown Manhattan to your local grocery store. There are plastic ones, purple ones, rugged ones, flimsy ones, cartooned ones, bumper ones, and just-plain-ridiculous ones.
It’s a crime against technology.
However, two Floridians have now crowdfunded a product to fix it. They designed a thin aluminum iPhone case that looks remarkably like something that could have come from Apple. In fact, this is the case Apple should have made.
Called the AL13, referring to the abbreviation for aluminum in the … [Read more]
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Congrats to Ken W. of Tallahassee, Fla., for winning a Sonic Alert Sonic-connect 2 in last week’s giveaway, and to Maher K. of Maple Grove, Minn., for winning a Grace Digital Ecoxbt Bluetooth speaker the week before that. This week’s prize is for the HTC One owners out there.
HTC’s new flagship smartphone has generated lots of buzz with its all-metal design and revamped, love-it-or-hate-it Sense user interface. CNET reviewer Brian Bennett calls the Android device “the fastest, most beautiful phone I’ve ever used,” and if you’re going to have a gorgeous phone, you’re going to want gorgeous clothing for it. That’s where our freebie comes in.
We’re giving away a rugged OtterBox Defender Realtree Camo case with a built-in screen protector; damage defense from drops, bumps, shock, and impact; and a cool nature-inspired design that’ll make it easy to blend in to your surroundings when you and your HTC One commune out in the woods.
Normally, this OtterBox case would cost you $ 59.95, but this is your chance to get one for free. How do you go about doing that? Well, like this:
… [Read more]
(Credit: Screenshot by Eric Mack/CNET)
Purported iPad 5 cases spotted in Hong Kong and on speculative gadget accessory wonderland Alibaba.com suggest again that the next generation of Apple’s slate will be slimmer than its forebears.
Engadget claims to have gotten its hands on one of the cases at the Hong Kong Electronics Fair. According to the site, the case suggests that the new iPad will have the same screen size, but thinner side bezels.
- iPad 5 may shed thickness by trimming LEDs
- Alleged image of iPad 5 shows thinner front panel
- iPad 5 Sneak Peek
Dozens of iPad 5 cases already are listed on Alibaba, a direct connection to Chinese suppliers that crank out just about every iDevice accessory imaginable, often way ahead of schedule.
Recently we heard that thinner backlights could be behind the slimming… [Read more]
Alleged image of iPad 5 shows thinner front panel
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A company called Ipan Ipan has been producing cases that allow for wireless charging for various smartphones for a while. The company has just unveiled a new wireless charging case using Qi Wireless charging technology. This new case is specifically for the Sony Xperia Z.
The case is a flip style with a flap that folds over to protect the screen and unfolds when you want to use your device. Inside the case is wireless Qi charging receiver that allows users to place the Sony smartphone on a wireless magnetic induction charger without having to fiddle with wires. The company says that the case can be had in several colors and made from several materials.
The manufacturer says that this was the most difficult wireless charging case it ever designed because of how the smartphone works. The Xperia Z lacks a removable back or access to the battery so using a special back cover was out of the question. The company says it also couldn’t use the micro USB port so it had to come up with a solution that uses the two pin connectors normally used when the Xperia Z docking station is attached.
That means with this case covering those two pin connectors, you will have to take the smartphone out of the wireless charging case to dock it. The case is available with or without a charging pad right now. Pricing for the case alone is €39 and the case along with the charging pad is available for €89.
[via Ipan Ipan]
Ipan Ipan unveils Qi wireless charging case for Xperia Z is written by Shane McGlaun & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.
Verizon, which just recently finished its acquisition of Mohave Wireless, has been pulled into a copyright legal spat, with a studio that produces adult films having subpoenaed the ISP for copies of its six-strike alerts against the individual being sued. That’s not all the information the studio wants, however, with it prying farther into the subscriber’s Internet usage.
We knew the six-strikes system was coming for quite some time, with it suffering a delay before its targeted roll-out date last year, finally going into effect on February 25 of this year. The system is being utilized by the big-name ISPs – Comcast, Verizon, AT&T, Time Warner Cable, and Cablevision – to curbstomp piracy via education using a variety of punitive methods often decried as draconian in nature.
While leaked memos and such had revealed ahead of time the various punishments subscribers would face under the six-strikes system, they were officially revealed a couple days after the system went live. You can read a detailed write-up of each ISP’s six-strike system here, but the basic idea is that when a copyright alert is triggered, the subscriber will face throttled speeds, an educational session, limited website access, or other similar effects.
Now, a little over a month after the system went into effect, a Verizon subscriber is facing legal action from Malibu Media, producer of adult entertainment, over alleged sharing of copyrighted materials. Malibu Media has subpoenaed Verizon for copies of the six-strike notices the subscriber received under the new system, as well as information on how much bandwidth he used and a list of viewed pay-per-view films he watched.
The twist in the case is that Verizon said “No.” It says that in addition to Malibu having harassed it in the past, the ISP wishes to protect its subscribers from “shakedown tactics against Doe defendants.” The studio has pushed back and is trying to force Verizon’s hand, but that issue aside, there’s a larger one at play: will the six-strikes system, which was designed and intended to serve merely as an educational tool on the realities of copyright and infringement, be used as a weapon against the browsing public?
[via Torrent Freak]
Lawsuit attempts to use six-strikes copyright system in case against Verizon subscriber is written by Brittany Hillen & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.
Apparently, some people were not impressed at the methods by which Notre Dame linebacker Manti Te’o shaved a tenth of a second off his 40-yard dash time from the scouting combine to his pro day a month later. The 4.71 40-yard dash he burned at the Fighting Irish’s indoor facility on Tuesday, Te’o said, was just a function of getting out of his own way after more distractions than most people have to deal with.
“Don’t think — you’ve been doing it your whole life. Just go out there and run,” Te’o told the NFL Network in an interview that was replayed on the network’s “NFL AM” program on Wednesday morning. “We tend to think too much, and psyche ourselves out, thinking that bad things will happen. I just went out there and said, ‘Hey — just run. Run as fast as you can. Whatever the time says, that’s what it says.’”
Former NFL offensive lineman Jamie Dukes, who now functions as the NFL Network’s prerequisite Guy Who Yells A Lot About Nothing Important (every sports morning show has to have at least one, you see), had a different theory. After contributing his own rather stale efforts at the same kind of catfishing jokes everyone else has already gone with, Dukes went down a stranger path with the whole thing.
“Here’s the deal,” Dukes said, while comparative pictures of Te’o at the combine and his pro day were shown on the screen. “Since nobody else will say this, I’m just gonna show you this. I don’t know who the guy was at the combine — the pudgy body/soft body guy who couldn’t run. All of a sudden, I see this yoked-up behemoth of a guy. Nobody’s gonna say anything, and I’m not accusing anybody, but we just had a huge HGH conversation … I’m not saying he’s on anything. I’m not saying, I’m just saying. I think somebody saw what I saw, and that didn’t look right. That just didn’t look right to me. I just want to be on record as saying — it’s a little off.”
The “I’m not saying, I’m just saying” gambit is, of course, an interesting example of conversational cowardice. One can put one’s accusations out there in a public forum without appearing to take any actual responsibility for one’s statements. Dukes presented no actual evidence that Te’o was taking performance-enhancing drugs. He cited no sources. He did, however, go on a national television show on the league’s own network and insinuate that a high-profile draft prospect was doing something fishy. Of course, if anyone calls him on it, Dukes can say that he was just having a conversation — it’s not his fault if people read it wrong. Even if he went on the record, in his own words.
But in his own way, and certainly without specific intent, Dukes presented one of the most compelling arguments for the benefit of reliable HGH testing at the NFL level. Such testing would have reduced Dukes’ own hyperbole to dust before it even started, and the fact that players can have their names blackened by such nebulous accusations is a problem that needs to be fixed.
On that same program, Seattle Seahawks fullback Michael Robinson talked about where the NFL and NFLPA are with the HGH drama.
“I’m Seattle’s player rep, and I’m going to tell you right now — yes, we want a clean playing field,” Robinson said. “We want HGH out of football, but we want it done the right way. We don’t know how many guys are using it, or how prevalent it is. Guys’ HGH levels are going to be different, and we have to find a reliable way to test each guy, and have a third-party arbitrator we can appeal to if there’s a false test. There is HGH in our game, and people have to understand — [players] aren’t going to come back as quickly, because they’re not going to be taking the supplements they’re used to taking. But I can’t say it enough — it has to be an even playing field. There has to be a safe way to do it where it can be a reliable test.”
The test the NFL wants is the WADA (World Anti-Doping Agency) isoform test, but the NFLPA has had concerns about that test for years. So, though HGH testing was collectively bargained into the most recent CBA, the method is still up in the air. Believe it or not, the recent fate of an Estonian cross-country skier has severely complicated the issue.
On Tuesday, the Court of Arbitration for Sport ruled that Andrus Veerpalu (the Estonian skier in question) should have his three-year suspension overturned after the panel decided that the sample size was not strong enough for WADA’s advertised reliability. As a result, the NFLPA issued this statement:
An independent arbitration panel’s decision found that the WADA isoform hGH test is unreliable. The suspension of an Olympic champion was overturned after findings that the hGH test administered by WADA is not scientifically verifiable. For almost two years, the NFL players have fought the NFL and certain members of Congress who have publicly referred to the players’ insistence on scientific validity and fairness as “stalling” and “posturing.”
Today’s decision validates the players’ demand for scientific validity, full due process rights, and a transparent system.
Just as certainly, WADA rose to its own defense.
”I would expect the players association to take a stance which is extremist,” WADA director general David Howman told The Associated Press. ”What we’ve got to do is get to reality and not to a position that is an extremist position … What we have to do is actually look at the decision in a very calculated, objective fashion. CAS has decided is that the test is OK and what they want is for there to be a bigger population-based study in terms of the impact of it. We’ll take that on board and we’ll go further.”
The problem there is that the NFL has gone on record praising a test method that is still in question, if not fundamentally flawed at its core.
“There is a proper test,” NFL Commissioner Roger Goodell said last September. “WADA is implementing it in the Olympics. It is being used in Minor League Baseball. It is being used in sports throughout the world, obviously cycling where it has gotten a lot of attention. The test is developed to such a point where the technology is such that the window of detection has expanded to a point where it is more reasonable to detect the use of HGH.
“As that technology evolves, we have to evolve and so does the policy. It is appropriate and I think the Players Association agrees that it is appropriate to implement that. I hope we can get that done quickly.”
But the lags in the technology have delayed this process far too long already. The NFL is right in that there needs to be comprehensive and viable HGH testing sooner than later. and the NFLPA is right in their defense of the correct protocol.
The reason this all feels so wrong is that the use of HGH continues in the meantime — affecting the game in ways it shouldn’t, and allowing people like Jamie Dukes to make unfounded allegations without fear of legitimate rebuttal.