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).
ibook30
Jul 14, 01:10 AM
I'm going to have to give this one a big negative.
The problem with either HD-DVD or Bluray is that neither is a standard in the next generation of DVDs.
.....
This is all Sony's fault.:mad: If they learned anything from the Betamax, they should know that when ever they try to standardize a technology, they fail.
This is way too soon to call.
Too soon to call is right.
I forgot about Sony's history in this field... :eek: they have some challenges,,,, but the way this plays out in the DVD/ Home Entertainment market is a problem....
Unless.... the DVD/ Home Entertainment market continues to converge with the PC market.. (I know I have used the word "market" too much tonight, my apologies) Perhaps the high cost of bluray DVD players will make a 30 inch iMac with bluray more attractive for the elite who want a cool new TV to play fancy DVDs on, and surf the internets while checking email from the couch. (eventually the rest of us will afford this... just a theory). But there is definitely a couple of trends likely to converge here, and soon - in the next three years , I thinks.
The problem with either HD-DVD or Bluray is that neither is a standard in the next generation of DVDs.
.....
This is all Sony's fault.:mad: If they learned anything from the Betamax, they should know that when ever they try to standardize a technology, they fail.
This is way too soon to call.
Too soon to call is right.
I forgot about Sony's history in this field... :eek: they have some challenges,,,, but the way this plays out in the DVD/ Home Entertainment market is a problem....
Unless.... the DVD/ Home Entertainment market continues to converge with the PC market.. (I know I have used the word "market" too much tonight, my apologies) Perhaps the high cost of bluray DVD players will make a 30 inch iMac with bluray more attractive for the elite who want a cool new TV to play fancy DVDs on, and surf the internets while checking email from the couch. (eventually the rest of us will afford this... just a theory). But there is definitely a couple of trends likely to converge here, and soon - in the next three years , I thinks.
gkarris
Mar 22, 11:27 PM
I would buy this if it was 220gb. Great mockup
oooh, an Aluminum Unibody iPod Classic - now that would be an INSTANT Classic!!! :eek:
:D
oooh, an Aluminum Unibody iPod Classic - now that would be an INSTANT Classic!!! :eek:
:D
Cygnus311
Sep 1, 12:38 PM
I couldn't disagree with you more.
This size represents the iMac that can display Full resolution 1080p HD content. If they introduce this and then eventually throw a Blu-ray in there they've got the killer combination. Front Row is already setup to be a home-theatre replacement. I mean come on, it's basically an HDTV...it's 1080p, it's got a remote, and it's got front row... This will sell like crack... Digital crack...
A 23" home theater screen? Umm.......
This size represents the iMac that can display Full resolution 1080p HD content. If they introduce this and then eventually throw a Blu-ray in there they've got the killer combination. Front Row is already setup to be a home-theatre replacement. I mean come on, it's basically an HDTV...it's 1080p, it's got a remote, and it's got front row... This will sell like crack... Digital crack...
A 23" home theater screen? Umm.......
igazza
Sep 15, 06:59 AM
5 days 19 hours of talking on my iphone 4 :cool:
2 dropped calls i can remember
2 dropped calls i can remember
zwilliams07
Jul 14, 10:23 AM
Faster processors, I'll take those of course. Blu-Ray? Hell no, I don't want that turd. Pretty much every format Sony has ever come up with is dead, just look at the UMD now, its a joke.
I'll pass on that MPAA sponsored DRM ladden expensive dog turd.
I'll pass on that MPAA sponsored DRM ladden expensive dog turd.
laurim
Mar 24, 02:13 PM
Awesome news, I recomend the ATI 5870. It can be found for only $200 and it more than holds it's own against the latest and greatest from Nvidia and ATI. It's only 6 percent slower than a 6950. The 6950 on the other hand can be flashed to a 6970 quite easily but it costs abot $260.
mmm, is that $200 5870 the one that is mac compatible? The only mac compatible version I found was almost $500. I'm not interested in trying to flash a pc card.
mmm, is that $200 5870 the one that is mac compatible? The only mac compatible version I found was almost $500. I'm not interested in trying to flash a pc card.
lOUDsCREAMEr
Jul 19, 05:40 PM
I'm about ready to buy a 20" iMac but I want the new OS. How long do I have to wait?
around six months or less
around six months or less
lyzardking
May 2, 06:17 PM
dang, 3 mac pros!
are you running bigadv units on all 3? or do you use them for something other folding? (i assume you do) and if you don't mind me asking, how do they do if you use them while folding?
well it seems something might be going on with your username for some reason. you might want to make a thread over at the folding forums about it - maybe they can help
they're all used for DTP (AI, AP, QE, etc)
the older one (at home) needs to be paused anytime I need to do anything processor intensive (not the issue with the 09s) especially HB and the like.
The 08 wont make deadlines with the bidadv units (not after pausing it for hours at a time LOL) unfortunately, I am unable to select the number of processors it will use (like I use to <4>) so now I have to pause it.
It looks like people are aware of the user name issues over in the "F@H Widget needs testing" thread
LK
are you running bigadv units on all 3? or do you use them for something other folding? (i assume you do) and if you don't mind me asking, how do they do if you use them while folding?
well it seems something might be going on with your username for some reason. you might want to make a thread over at the folding forums about it - maybe they can help
they're all used for DTP (AI, AP, QE, etc)
the older one (at home) needs to be paused anytime I need to do anything processor intensive (not the issue with the 09s) especially HB and the like.
The 08 wont make deadlines with the bidadv units (not after pausing it for hours at a time LOL) unfortunately, I am unable to select the number of processors it will use (like I use to <4>) so now I have to pause it.
It looks like people are aware of the user name issues over in the "F@H Widget needs testing" thread
LK
RedReplicant
Apr 9, 06:35 PM
Yep, both RHD and LHD variety.
MacMan86
Apr 23, 11:51 AM
It's a good feature because Apple has it, otherwise he would be in an uproar.
Why do you even bother trolling an Apple forum?
Why do you even bother trolling an Apple forum?
archer75
Apr 19, 11:31 AM
You misunderstood me friend...I meant an HD 6950 2GB (Desktop Card)
Yes, its a pipe dream...but cant a man dream:rolleyes:
Ah yes, well a desktop card would be nice. And the 27" does have the room when compared to the 21". They could engineer it in there if they wanted to.
But yes, I share your dream.
Yes, its a pipe dream...but cant a man dream:rolleyes:
Ah yes, well a desktop card would be nice. And the 27" does have the room when compared to the 21". They could engineer it in there if they wanted to.
But yes, I share your dream.
LagunaSol
Apr 26, 11:42 PM
WordPerfect Office X5?
You got me there. Here's a bit of interesting tech trademark trivia (Microsoft vs Lindows):
As early as a court rejected Microsoft's claims, stating that Microsoft had used the term "windows" to describe graphical user interfaces before the product, Windows, was ever released, and the windowing technique had already been implemented by Xerox and Apple many years before. Microsoft kept seeking retrial, but in February a judge rejected two of Microsoft's central claims. The judge denied Microsoft's request for a preliminary injunction and raised "serious questions" about Microsoft's trademark. Microsoft feared a court may define "Windows" as generic and result in the loss of its status as a trademark.
http://en.wikipedia.org/wiki/Microsoft_v._Lindows
You got me there. Here's a bit of interesting tech trademark trivia (Microsoft vs Lindows):
As early as a court rejected Microsoft's claims, stating that Microsoft had used the term "windows" to describe graphical user interfaces before the product, Windows, was ever released, and the windowing technique had already been implemented by Xerox and Apple many years before. Microsoft kept seeking retrial, but in February a judge rejected two of Microsoft's central claims. The judge denied Microsoft's request for a preliminary injunction and raised "serious questions" about Microsoft's trademark. Microsoft feared a court may define "Windows" as generic and result in the loss of its status as a trademark.
http://en.wikipedia.org/wiki/Microsoft_v._Lindows
FadeToBlack
Jan 11, 03:39 AM
My Car:
2007 Honda Civic Si w/ 09+ front end conversion
http://i757.photobucket.com/albums/xx212/HellaFreshTampa/8thCivic/photo.jpg
http://i757.photobucket.com/albums/xx212/HellaFreshTampa/8thCivic/IMG_2477.jpg
^Pics taken w/ My iPhone 4 HDR mode
That's a nice Si. Don't believe I've ever seen one in that color. My friend had an '08 Si sedan for about 7 months or so, but had to get a 4WD for work. His was black. It was a BEAST! He put a Skunk2 catback on it and a Weapon R intake and I swear, that thing would scream. It sounded like a Ferrari. :eek: I miss it.
2007 Honda Civic Si w/ 09+ front end conversion
http://i757.photobucket.com/albums/xx212/HellaFreshTampa/8thCivic/photo.jpg
http://i757.photobucket.com/albums/xx212/HellaFreshTampa/8thCivic/IMG_2477.jpg
^Pics taken w/ My iPhone 4 HDR mode
That's a nice Si. Don't believe I've ever seen one in that color. My friend had an '08 Si sedan for about 7 months or so, but had to get a 4WD for work. His was black. It was a BEAST! He put a Skunk2 catback on it and a Weapon R intake and I swear, that thing would scream. It sounded like a Ferrari. :eek: I miss it.
cityathrt
Sep 11, 11:02 PM
Gelaskins has just posted their iPt4 cases, unfortunately, they're not covering the bottom dock area and the top buttons area. :( Invisible shield here I come..
andrew.gw
Apr 3, 10:02 AM
What does the iOS scrollbar look like on pages with a black background?
http://cl.ly/3W1u1A3X0K0K1w0q3N2J/ScrollBar.png
http://cl.ly/3W1u1A3X0K0K1w0q3N2J/ScrollBar.png
TMay
Apr 19, 10:56 AM
Please...Please...Please...provide a pro graphics card option (FirePro or Quadro)
MikeNemat
Aug 6, 10:41 PM
Am I supposed to leave out cookies? :p :D
Yep. And Milk. Steve Jobs will climb down your chimney, eat the cookies, and pour the milk into any PCs he finds in your house :)
Yep. And Milk. Steve Jobs will climb down your chimney, eat the cookies, and pour the milk into any PCs he finds in your house :)
iGav
Feb 25, 07:51 AM
looking at the very current and very genius Fiat Twin Air engines i have to say that very refined turbocharged small displacement/ few cylinder engines are actually the next step over the overly complicated hybrid systems
The Twin Air is conceptually brilliant... but its real world numbers haven't anywhere near matched up to Fiat's official figures (68.9mpg official - 35.7mpg real world, neither of which are particularly brilliant to begin with) and there lies one of the problems with small capacity engines, in anything other than ideal test conditions (i.e. rolling road), it is extraordinarily difficult to even approach the officials figures in everyday conditions, because put simply, they have to be razzed.
Like what you've said though, there's a compelling argument to be made that a diesel-electric hybrid (like VW's XL1 Concept), with energy recovery would probably be the best arrangement (particularly for an urban car), in this instance the diesel engine is isolated from the actually drivetrain (reducing NVH etc) and the electric motors counter the age old argument of petrol>diesel refinement.
I do think that smaller capacity, fewer cylinder engines are the way to go, but only if the absolutely most important factor is addressed first, and that is one of weight, until then...
The Twin Air is conceptually brilliant... but its real world numbers haven't anywhere near matched up to Fiat's official figures (68.9mpg official - 35.7mpg real world, neither of which are particularly brilliant to begin with) and there lies one of the problems with small capacity engines, in anything other than ideal test conditions (i.e. rolling road), it is extraordinarily difficult to even approach the officials figures in everyday conditions, because put simply, they have to be razzed.
Like what you've said though, there's a compelling argument to be made that a diesel-electric hybrid (like VW's XL1 Concept), with energy recovery would probably be the best arrangement (particularly for an urban car), in this instance the diesel engine is isolated from the actually drivetrain (reducing NVH etc) and the electric motors counter the age old argument of petrol>diesel refinement.
I do think that smaller capacity, fewer cylinder engines are the way to go, but only if the absolutely most important factor is addressed first, and that is one of weight, until then...
Galaxas0
Apr 2, 11:37 PM
Here's a pic of the content width changed in Safari.
kretzy
Aug 7, 03:52 AM
Any Aussies staying up? I think i will have to.
I'm still considering my options. I'd like to stay up but it starts around 3am here and I have to be at uni by 10am and Tuesdays are my fullest day. I might try to get to sleep earlier than usual around 12 and then get up for it.
Stupid timezones.
I'm still considering my options. I'd like to stay up but it starts around 3am here and I have to be at uni by 10am and Tuesdays are my fullest day. I might try to get to sleep earlier than usual around 12 and then get up for it.
Stupid timezones.
freeny
Jan 2, 01:51 PM
So let's say that Steve announces iLife 07 and a release date for Leopard...
If I buy a new MacBook Pro on January 10, is it possible that either of those items might be a free "upgrade" or add-on once they're available? I'm trying to remember how that's worked in the past, but I just can't recall.
Can anyone help me out?
I would guess no. If it happens within 14 days you could return the computer for a new one with the new software installed.
If I buy a new MacBook Pro on January 10, is it possible that either of those items might be a free "upgrade" or add-on once they're available? I'm trying to remember how that's worked in the past, but I just can't recall.
Can anyone help me out?
I would guess no. If it happens within 14 days you could return the computer for a new one with the new software installed.
andrew.gw
Apr 4, 09:29 AM
I can. Full screen is in large part based on the iOS, if that holds true the address bar is staying.
That's true, but even in iOS the address bar hides when you scroll down to save space for content. In Lion DP2, Apple has implemented a nice little auto�hide for the bookmarks bar and tab bar � I just don't see why they couldn't do the same thing for the navigation bar.
It's no big deal; I probably wouldn't hide my navigation bar anyway. All I'm saying is that I think they'll make it an option.
That's true, but even in iOS the address bar hides when you scroll down to save space for content. In Lion DP2, Apple has implemented a nice little auto�hide for the bookmarks bar and tab bar � I just don't see why they couldn't do the same thing for the navigation bar.
It's no big deal; I probably wouldn't hide my navigation bar anyway. All I'm saying is that I think they'll make it an option.
archer75
Sep 6, 10:16 AM
I'm going to buy the basic Mini... the size makes the difference, since it's going to be used at different locations (every few months in a different country ;) ). A superdrive would be nice, but not neccessary.
You can add in your own super drive for cheaper. Newegg sells a nice Pioneer DVD burner that works in the mini for $72
You can add in your own super drive for cheaper. Newegg sells a nice Pioneer DVD burner that works in the mini for $72
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