[NTLK] Newton Trademark

[Terence Griffin]

I just had a thought. It may be way out in left field. If Apple is 
clearing "Newton" out of their basement, maybe they'd be willing to 
unload NewtonOS. Then Einstein could be stand-alone, no need to load 
ROMs off the Newton. If I recall parts NewtOS may be owned by third 
partys, but maybe those parts can be emulated or something.

On 02/28/2013 12:32 PM, McComb Keith wrote:
> 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
>
>   
>
>
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