[NTLK] Newton Trademark

[McComb Keith]

First off, neither my wife nor I are lawyers. Unlike me, however, she
works for a law firm that does nothing but patent and trademark work,
internationally.

 

You'd want to check into the logo, but someone could easily contact
Apple and find out if they were willing to sell any interest that they
still had in the name/logo. They might ask an exorbitant sum, or might
be pleased to just get rid of it.

 

With the name out of trademark, for someone to grab that mark, you'd
need to actually have a product in production in the class that Apple
had it in. They had software, hardware, and clothing at the very least,
and if I remember what she told me, those are three separate classes. In
the US, at least, you have to show USE of the mark, not just try to own
it. (That's why Burger King pulled (is still pulling?) that campaign
using the Burger King from the 50s - because they might want to use him
in greater amount later, but if they lose that usage, they have to apply
from scratch all over again.)

 

So yeah, if someone started putting out a PDA and wanted to call it a
Newton, it looks as if they could. (Best to talk to Apple first,
however, just to avoid lawsuits - pre-emptive action is almost always
cheaper.)

 

Keith McComb

Computer Services Technician

Service Delivery & Network Operations

New York City Department of Education

Division of Instructional & Information Technology

(718) 935-5792