Apple Avoids iPad Trademark Battle – Buying iPad Trademark from Fujitsu
Putting an end to months of speculation by business analysts and legal experts, Apple has avoided a trademark battle with Fujitsu over the iPad trademark.
We believe that Apple paid an undisclosed amount to Fujitsu (estimated to be over $4 million USD) in exchange for an assignment of their iPad trademark rights to Apple. U.S. Patent & Trademark Office records show that Fujitsu assigned their iPad trademark rights to Apple on March 17.
Apple publicly announced the iPad tablet to much fanfare earlier this year. Many, including us (see our previous articles -Part I and Part II), openly wondered about Apple's next steps given Fujitsu's position.
Fujitsu held more senior U.S. trademark rights to "iPad" for its own mobile device. Apple first indicated it's intent to oppose the registration and validity of Fujitsu's iPad trademark in September 2009, but by January 30, 2010 Apple also filed three requests for extensions of time to oppose Fujitsu.
This shows, in retrospect, that Apple and Fujitsu were in the midst of negotiations regarding the iPad trademark. And it is now clear that those negotiations led to Apple's purchase of the iPad trademark, and Fujitsu's assignment of it's trademark rights.
As we have previously discussed, Apple acquired rights to the iPhone trademark from Cisco in a similar fashion. Now, with iPad, Apple again proves it's post announcement trademark acquisition tactics successful.
Mafia Wars – Real Life Trademark Battle
If you have played the Mafia Wars game on Facebook then the logos shown above are familiar to you.
Can you tell (without scrolling over the images) which logo is for the Mafia Wars game and which one is not?
Zynga Games Network, the creator of the popular crime-themed social game Mafia Wars, is very concerned that you and millions of Mafia Wars fans may not get that question right, or even realize that Zynga is not behind both of these Mafia Wars trademarks. In fact, Zynga is so concerned that they recently filed an opposition action with the US Trademark office in an effort to prevent the other Mafia Wars logo from getting registered as a trademark.
Apparently, Mafia Wars isn't just a game ... it's real life when you're fighting over trademarks.
Background
On June 15, 2009, David L. Kelejian filed an intent-to-use trademark application for a stylized version of Mafia Wars covering clothing and apparel. Zynga did not file its stylized Mafia Wars trademark application covering games for computers and wireless devices until July 1, 2009, months after successfuly launching the game on the internet through Facebook. Zynga later began selling Mafia Wars branded clothing through Zazzle. By or before late November 2009, Zynga noticed Kelejian's pending trademark application for Mafia Wars, and filed its opposition with the trademark office on December 1, 2009.
Translation
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Top 4 Posts
- Trademarks in Social Gaming - A Key Indicator of Success for Game Developers (Part I)
- Mafia Wars - Real Life Trademark Battle
- Trademarks in Social Gaming - A Key Indicator of Success for Game Developers (Part II)
- 1-800 Contacts v. Contact Lens King - Use of Trademarks in Keyword Advertising