Apple loses bid for music app icon trademark | Apple – CNET News

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Apple loses bid for music app icon trademark | Apple – CNET News.

Seriously, how does a series of 8th notes get patent protection?  To quote: “Section 2(d) prohibits the registration of a mark “which so resebles” another mark “as to be likely … to cause confusion.”

Here’s some advice.  If you have a mark that is this generic, find something different that is unique.  If you are going to use your mark to be recognized uniquely don’t use 8th notes.  I don’t care what color your background is.

The Apple logo?  Unique.  IBM logo?  Unique.  Soundcloud?  Unique. Launchpad, Chrome, Xcode (ugh), Twitter, Google Earth?  Unique.

iTunes/iMusic?  Not unique.

Patenting the obvious

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So Apple now has won a patent for scaling and rotating documents.

(Figure stolen from CNet)

I am actually a fan of software patents, as long as the patents are truly novel, unique and non-obvious.  This, however, is none of those.

I believe that the patent was filed in 2007.  Did the folks at the USPTO not see Minority Report… in 2002?  I distinctly remember Tom Cruise pinching and twirling and interacting with display screens much in the same way.

Maybe it was the gloves.  Or maybe it was because he didn’t directly touch the screen.

Like I said.  I have no problem with truly novel software patents, and I believe that Apple deserves a number of them.  They truly are an innovative company when it comes to the mobile industry.  But this is silly.  Next thing sneezing will be patented due to it’s similarity with Near Field Communication.