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Trademark

by Timothy Geigner

Wed, Jan 30th 2013 1:43pm

Filed Under:
apple stores, trademark

Companies:
apple

Permalink.

Apple Trademarks Apple Store Interior Design

from the oh-for-the-love-of-god dept

Remember when Conan O'Brien joked around with Samsung about their copying the Apple Store look...only for Samsung to open up a store that looked an awful lot like an Apple Store in Australia. Well, that kind of thing ain't going to fly anymore, folks, now that the USPTO has granted Apple a trademark on the design of their retail stores.

The U.S. Patent and Trademark Office granted Apple's request last week for trademarks on the minimalist design and layout of its retail outlets, the office's records show. The description of the trademarks includes "a clear glass storefront surrounded by a paneled facade" and, within the store, an "oblong table with stools...set below video screens flush mounted on the back wall."

Yup, Apple trademarked a retail store with a glass storefront and tables with stools. Truthfully, the trademark is a tad more detailed than that and there is some precedent for this kind of trade dress claim. The article notes the 1992 case in which a Mexican food chain was granted protection for it's interior design. The thing is, all of this revolves around customer confusion, and I'd think that such designs would have to err on the side of the super-specific if it's going to be granted a trade dress mark. Considering the a central part of this mark is for "minimalist design", i.e. not having stuff, that seems problematic.

"The million dollar question in this instance, as in pretty much all trade dress cases, is just how close a competitor can come to the design without infringing," [Christopher] Sprigman said.

It's not difficult to envision companies with some flavor of a glass facade, stools and tables, and some large panel displays up in their retail store that have nothing to do with trying to copy Apple's atmosphere. Are those types of retail stores now facing trademark suits?

38 Comments | Leave a Comment

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Reader Comments (rss)

“

Maybe Apple should trademark being corporate assholes.

—Canadian

”

(Flattened / Threaded)

Canadian, Jan 30th, 2013 @ 1:49pm

Maybe Apple should trademark being corporate assholes.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 1:53pm

Re:
That would work out pretty well for us, since then no other company would be allowed to do it!

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 1:57pm

Even if we were looking at this from a IP maximalist perspective, wouldn't this more appropriately fall under the realm of a design patent? Even that sounds insane, but at least patents expire in a (sort of) reasonable amount of time.

[ reply to this | link to this | view in thread ]
Hephaestus (profile), Jan 30th, 2013 @ 1:58pm

First apple patents round corners, now they copyright the lunchroom, what is next, the circle or the square?

[ reply to this | link to this | view in thread ]
DannyB (profile), Jan 30th, 2013 @ 1:58pm

Microsoft trademarks its stores. So there.
Microsoft trademarks its stores. So there.

I'm sure Apple must be trembling in their boots with fear.

The Microsoft stores don't have "Geniuses", they have "Smart Guys" who have no product knowledge. Plus their shirts are a slightly different shade of blue.

Plus Apple stores are crowded. Microsoft stores are empty.

So how could a Microsoft store be an infringement of an Apple store, or vice versa?

[ reply to this | link to this | view in thread ]
Hephaestus (profile), Jan 30th, 2013 @ 2:01pm

oops sorry ,,, trademark
First apple patents round corners, now they trademark the lunchroom, what is next, the circle or the square?

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 2:13pm

Trade dress
Trade dress is an insane concept. Look at the fucking logo. If it doesn't say Apple, it isn't an Apple device.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 2:13pm

Trade dress
Trade dress is an insane concept. Look at the fucking logo. If it doesn't say Apple, it isn't an Apple device.

[ reply to this | link to this | view in thread ]
PRMan, Jan 30th, 2013 @ 2:38pm

Re: Trade dress
What about those Chinese knockoffs that say "AppIe". If everything else looks identical, the customer could legitimately confused. But Trademark should handle that.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 3:09pm

Re: Re: Trade dress
Agreed, from what I understand. They went this route because a Chinese apple store knock-off. If they were selling fake apples in a fake apple store the could have just claimed infringement on the merchandise they were selling and disregard the venue. But, given the nature of apple are we really surprised?

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 3:18pm

Re:
trade dress

[ reply to this | link to this | view in thread ]
Leobaoig, Jan 30th, 2013 @ 3:18pm

Jesus is crying
So irritating watching these types of design patents get successfully pushed through. It's like watching my freedom of expression slowly widdled away by assholes who are just outside of the reach of my fists.

[ reply to this | link to this | view in thread ]
Leobaoig, Jan 30th, 2013 @ 3:18pm

Jesus is crying
So irritating watching these types of design patents get successfully pushed through. It's like watching my freedom of expression slowly widdled away by assholes who are just outside of the reach of my fists.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 3:22pm

How dumb do you have to be?
How dumb do you have to be to walk into a Samsung Store with Samsung's products and logos all over the place and be CONFUSED enough to think you were in an Apple store? Furthermore, this speaks volumes about how the government views the people. To issue such a trademark on such a silly thing is to say that they believe that the general public IS dumb enough that they would be confused to the point that this is a major problem. Frankly, I find this sort of thing rather insulting.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 3:42pm

Re:
They've already filed for a patent on it so they can replicate themselves repeatedly.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 3:45pm

Re:
They've already filed for a patent on it so they can replicate themselves repeatedly.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 3:47pm

Re:
This isn't about Apple, this is about the broken system that would allow such a stupid trademark.

The USPTO is "captured" by the industry, much like the hypothetical US bank regulators were captured by the banks.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 4:18pm

Hey, at least it's not a patent
This is a fairly silly move, but at least they're going via trademark rather than via patent. For one thing, the trademark will only apply to companies in the same business as Apple; for a second thing, the standards for infringement are much higher.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 4:42pm

If one is inclined to rail about the grant of a trademark, then at the very least he/she should review the actual trademark document and associated application documents. Rail if you must, but try and do so with background information pertinent to the rail:

http://tsdr.uspto.gov/#caseNumber=85036990&caseType=SERIAL_NO&searchType=statusSear ch

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 5:23pm

Re: Re:
I see what you did there...

[ reply to this | link to this | view in thread ]
Capt ICE Enforcer, Jan 30th, 2013 @ 5:49pm

A Sign
If only Apple would invent the Isign. You know something that they could put in front of their store, say a Large sign that says Apple. Then there would not be confusion. But heck, what do I know. Hmmm, Maybe I could patent the Isign and lease a contract for them. Then I could trademark the outside of a store with walls/or no walls with and score big. Oh yeah. Billionaire lifestyle here I come.

[ reply to this | link to this | view in thread ]
G Thompson (profile), Jan 30th, 2013 @ 8:24pm

No one has pointed out the obvious stupidity of this if they thought it would stop the Samsung store that allegedly "copied/stole" Apple's store design in Australia.

This trademark is USA only, it is not viable nor applicable anywhere else in the World other than the USA and will absolutely not effect Samsung or any other competitor in the markets where Apple is not #1 (nor in the top 2 actually) of phone/tablet sales.

So the USPTO can trademark the freakin moon if they want, it means diddly squat (or even less) in the REAL world outside of the USA.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 30th, 2013 @ 9:25pm

Re:
I am not familiar with Apple's practices concerning international prosecution of rights prosecuted in the US, but in my experience it is quite common for a company to file applications for patents and trademarks in multiple countries. Thus, it is possible that Apple may have a corresponding trademark application pending in AU.

[ reply to this | link to this | view in thread ]
alanbleiweiss (profile), Jan 30th, 2013 @ 11:06pm

Holy Crap
One more feather in the USPTO's asshat cap. There are so many retail stores out there, have been there, were there long before Apple's with a design and layout that entirely or nearly entirely matches that description... So is Apple going to sue clothing retailers all over the world? Or just use this to leverage Samsung in that ongoing IP mess?

Truly tired of the hacks at the USPTO. What complete idiots, sucking up taxpayer money on shear stupidity.

[ reply to this | link to this | view in thread ]
G Thompson (profile), Jan 30th, 2013 @ 11:09pm

Re: Re:
Apple's practices concerning international prosecution of rights prosecuted in the US in regards to Trademarks are the same as every others persons ability to take action under trademark law - NOTHING. Trademarks are specific to each jurisdiction ONLY and are not valid in any other.

Apple after a search do not have any pending, refused, registered or otherwise marks in regards to this trade dress (or gestalt) situation within Australia. Though this could be that Trade Dress is not normally allowed within Australia other than for highly specific marks is highly unlikely, especially after the recent Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCA 60 finding.

[ reply to this | link to this | view in thread ]
Ninja (profile), Jan 31st, 2013 @ 2:40am

Wait a darn second! What if Samsung copies Apple Store without the round corners?

[ reply to this | link to this | view in thread ]
Ninja (profile), Jan 31st, 2013 @ 3:48am

Re: Hey, at least it's not a patent
For one thing, the trademark will only apply to companies in the same business as Apple

Samsung can copy Apple Store and put some air conditioning equipment, TVs and other stuff Apple doesn't sell and when Apple goes after them they can put up their troll faces and say nobody can possibly confuse one with another because apple only sells ishit. I mean, igadgets.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 31st, 2013 @ 4:23am

Re: Re: Re:
Perhaps they were going to see if they could get it through iin the US first and now that they were successful they will try it other places. Also, I suspect the US is their largest market and since Samsung opened their store in another market they wanted to get this in before Samsung could start opening themin the US.

[ reply to this | link to this | view in thread ]
Michael, Jan 31st, 2013 @ 4:52am

Re: How dumb do you have to be?
I could see accidentally walking into a Samsung store and spending hundreds of dollars less for a better product.

Oops.

[ reply to this | link to this | view in thread ]
G Thompson (profile), Jan 31st, 2013 @ 5:15am

Re: Re: Re: Re:
Not really, Trade dress is mostly a strange US trademark thing.. Yes India and the UK have similar systems for gestalt in place they are not the same.

And Trademarks can be successful in one jurisdiction (country) and not others it just depends on the countries different trademark laws, what they classify as actual marks and whether it could actually have a negative effect on consumers.. The US trademark system in this respect treats consumers like they aren't even morons in a hurry but instead idiots who could not distinguish a world famous organisations owned shop from another.

As for the US being the largest market, Apple wishes this was so since they are #1 in the USA on smartphones and tablets, though being that the USA is only approx 15-25% of their (Apple's) actual worldwide market this has no meaning especially when Samsung on the other hand are the #1 seller Worldwide outside of the USA followed by HTC, Nokia and Huawei with Apple as #5.

Basically this whole thing is for Apple to turn around and say..

"look we have a store design (not dissimilar to rounded corners) that we own and can stop competitors on pain of legal court costs from even thinking about using...aren't we awesome and petulant and basically showing how scared we actually are of any competition and that our worshippers might wake up and smell the Android/Windows"

[ reply to this | link to this | view in thread ]
G Thompson (profile), Jan 31st, 2013 @ 5:17am

Re: Re:
Gestalt - and no I didn't sneeze!

[ reply to this | link to this | view in thread ]
G Thompson (profile), Jan 31st, 2013 @ 5:19am

Re: oops sorry ,,, trademark
They will most likely now try to trademark the carbon atom since basically everything uses it and then once they own it they will be able to be absolute innovators..

Well in the USA anyway *snorts*

[ reply to this | link to this | view in thread ]
Isaac Kotlicky (profile), Jan 31st, 2013 @ 6:27am

Hmmmn... Glass front... minimalist... long table with stools... and a wall mounted video display...

So... every modernist design bar with a TV is now infringing on Apple's "trade dress?"

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 31st, 2013 @ 8:28am

Re: Re: How dumb do you have to be?
I can see walking into the Apple store to ask for directions to the Samsung one.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 31st, 2013 @ 8:30am

Re: Re: Re: How dumb do you have to be?
And having someone video it for release on Youtube.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 31st, 2013 @ 8:33am

Re: Re: Re: Re: Re:
I was referring to it being the largest SINGLE market actually.

[ reply to this | link to this | view in thread ]
Anonymous Coward, Jan 31st, 2013 @ 8:54am

Re:
I'm sorry to inform you that a circle can look much like an apple to the 'uninformed' therefore all circles also belong to apple...

If you are using circles in your design, product, or anywhere else for that matter, we will be filing the appropriate charges. We've had our 'moron in a hurry' review your use of circles, and he thought that it looked like our apple, so....

And that's the rest of the story....
(I'll expect to be hearing from the current 'owners' of Paul Harvey's IP to be contacting me anytime now....)

[ reply to this | link to this | view in thread ]
Colin, Jan 31st, 2013 @ 8:56am

Shame there's no Genius to fix Apple's humans.

Fun game: go down this list and surmise which cognitive bias this is an example of. I got Loss Aversion, but there's more.

[ reply to this | link to this | view in thread ]

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Apple Trademarks Apple Store Interior Design

from the oh-for-the-love-of-god dept

Reader Comments (rss)

Re:

Microsoft trademarks its stores. So there.

oops sorry ,,, trademark

Trade dress

Trade dress

Re: Trade dress

Re: Re: Trade dress

Re:

Jesus is crying

Jesus is crying

How dumb do you have to be?

Re:

Re:

Re:

Hey, at least it's not a patent

Re: Re:

A Sign

Re:

Holy Crap

Re: Re:

Re: Hey, at least it's not a patent

Re: Re: Re:

Re: How dumb do you have to be?

Re: Re: Re: Re:

Re: Re:

Re: oops sorry ,,, trademark

Re: Re: How dumb do you have to be?

Re: Re: Re: How dumb do you have to be?

Re: Re: Re: Re: Re:

Re:

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