Trademark News for 16-Sep-2005

    'Apple Files for Trademark on 'iPodCast'
    filed for a trademark on the term "iPodCast." The trademark application does not specify its use other than the usual U.S. Patent & trademark Office jargon that casts as wide a net as possible over which markets the trademark would cover from broadcast to radio to satellites to "entertainment-related programs of all kinds" but the company has put substantial resources into promoting podcasts through its iTunes Music Store software Two documents relating to ...

    'EU Court Upholds DaimlerChrysler PICARO Trademark Claim
    LUXEMBOURG -(Dow Jones)- A top adviser recommended Thursday that the European Court uphold (DCX) PICARO trademark despite an objection by Spanish painter Pablo Picasso's heirs. (MORE TO FOLLOW) Dow Jones Newswires Picasso's heirs claimed PICARO and Picasso were too close in phonetic and visual similarity.

    'Linux Trademark Rejected in Australia
    daria42 writes "Linus Torvalds' bid to have the word 'Linux' trademarked in Australia has failed with the local intellectual property regulator sending his lawyer a vitriolic letter deriding efforts to provide evidence the trademark application was legitimate. In the letter the regulator points out that information from Wikipedia and Google used by the lawyer to support the trademark application is simply not effective in making the case for a trademark to be registered."

    'Linus' Attempt to Trademark "Linux" Rejected
    on 16 Sep 2005 - 20:53 | 2 comments In a crucial legal loss for Linus Torvalds Intellectual Property Australia has ruled that the term Linux is just too frequently used on the internet and was not distinctive enough to be trademarked. While the lawyer representing Mr.

    'Bid to trademark the word 'Linux' rejected | Tech News on ZDNet
    letter to Jeremy Malcolm an attorney who represents Torvalds. "For your client's trademark to be registerable under the Trade Marks Act it must have sufficient 'inherent adaptation to distinguish in the marketplace " said the letter which was apparently written by Andrew Paul Lowe who's named on the document as the examiner.

    'AppleInsider | Apple files for Podcasting trademark
    In what could be construed as its latest attempt to make Podcasting proprietary Apple this month filed for a trademark on the term "iPodcast." On Sept. 4th the iPod maker made two filings with the United States Patent and Trademark Office for the iPodcast trademark both of which are awaiting the assignment of an examining attorney.

    'Oz Linux trademark bid fails
    An attempt to register 'Linux' as a trademark in Australia has failed. The regulator Intellectual Property Australia turned down the application because the word 'Linux' was not distinctive enough to be trademarked says In an August 31 letter to Torvalds lawyer Intellectual Property Australia official Andrew Paul Lowe said "For your client's trademark to be registerable under the Trade Marks Act it must have sufficient 'inherent adaptation to distinguish in the marketplace' states the ...

    'Bid to trademark the word 'Linux' rejected
    An attempt by Australia's peak Linux body to register the name "Linux" on behalf of Linus Torvalds has failed. The application was turned down by Intellectual Property Australia a federal regulatory agency because the word "Linux" was not seen as distinctive enough to be trademarked.


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