iPad: Is Apple's Trademark Generic or Just a Valuable Brand?

Apple has always been afforded substantial trademark protection for their various device trademarks that place an "i" in front an otherwise generic word. However, as an attorney who works with the USPTO daily, I have noticed that most other companies are afforded no such protection. On one hand, Apple is extremely capable of proving acquired distinctiveness, which is commonly proven by such factors as marketing budgets and surveys proving consumer awareness and association with a particular company.

Acquired distinctiveness is a status that typically requires a period of five years of sole use that is uninterrupted by third party use of the trademark. As Apple's legal team is surely to use their vast resources to ensure their marks remain solely used by and associated with Apple, it is likely they never have a problem with third party usage. On the other hand, there is a point where you cannot offer such protection to any marks as it becomes so synonymous with a product or service it would be akin to allowing Ford to have exclusive rights to refer to a line of their cars as "stationwagons".

Therein lies the give and take is such determinations, and is the reason that while Apple is likely safe for the time being, there may come a point that putting a mere "i" in front of otherwise generic word will no longer allow Apple to monopolize such wording as PAD, POD, PHONE, etc. It is one of the paradoxes of trademark law and brand protection, that especially those marks that are most recognizable and strong are at the same time the most vulnerable to such challenges based on genericness (see Google and the recent challenge in Federal Court over the genericness of their search engine trademark, and see also TiVo's strict trademark guidelines for an example of intensified policing efforts). These companies use vast resources to ensure they do not suffer the same fate of brands that suffered a complete loss of highly valuable trademarks (see BANDAID and THERMOS for examples).

An article by the LA Times recently published discusses Apple's most recent challenge to one of their most valuable brands, one that is sure to be a highly valuable IP asset for years to come, and even more so as tablets lead the charge as one of the devices looking to replace traditional computers.

Quote of the Day

"The protection of trade-marks is the law's recognition of the psychological function of symbols. If it is true that we live by symbols, it is no less true that we purchase goods by them. A trade-mark is a merchandising short-cut which induces a purchaser to select what he wants, or what he has been led to believe he wants." Justice Felix Frankfurter

QR Codes: Law Firms Join The Party

The days of QR Codes being used solely as coupons and price checks are gone and now even law firms are joining the QR Code party. Law firms, as with other more traditional service providers, are finding innovative ways to integrate QR Codes into their promotional efforts. Here are some of the ways QR Codes are currently being used to promote law firms: 1. On business cards to link to contact information, directions, newsletters, or webpages; 2. On websites for clients to store contact information on their smartphones; 3. On law firm blogs to link to a law firm's main website (scan image to the left); 4. To link to a webpage offering a free consultation, ebook, or free report; 5. To link to an video tutorial on a specific legal issue or area of law.

Is Facebook A Platform Made for Branding or Advertising

An interesting read discussing if Facebook can truly emerge as an alternative to Google as a global advertising platform. The article discusses the difference between achieving viability as a branding medium, something Facebook has already proven it does quite well, and achieving viability as a advertising medium, a crucial component of Facebook's future monetization efforts and an essential step in justifying its arguably unjustifiable corporate valuation numbers. While it seems an afterthought to most established and emerging brands that to have a Facebook page is the first step to joining the social media world, it has yet to be shown whether they will ever be considered on the same level as Google in the online advertising world. Only time and pay-for-clicks will tell.