We recently commented that Apple was in the process of securing the AirPower trademark rights until the product was canceled last week. Just this example is enough to understand that Ma does not usually deliver the easy points, so true that until today the company fought for another (even older) brand: yes, IPad.
More precisely, seven years ago the Cupertino giant was RXD Media, a cloud services company, a battle over iPad trademark rights. According to the Doylestown (Pennsylvania) company, they had already used the term commercially. ?Ipad.mobi? even before Apple launched its device in 2010.
It was only two years later, in 2012, that RXD Media filed a lawsuit against Ma for the rights to that brand. Since then, this imbroglio has marinated in Trademark Evaluation and Appeal Board United States Patent and Trademark Office (USPTO).
However, US District Judge Liam O'Grady ruled this week that, while admitting evidence of the use of the trademark by RXD Media formerly Apple, that name should be regarded as an autonomous trademark of Ma. The magistrate further argued that the term acquired, through Apple, a distinctive character; After all, sometimes we say ?iPad? in reference to tablets in general.
RXD Media, on the other hand, has not provided any evidence that its brand should be considered "iPad" instead of the composite name "ipad.mobi". Accordingly, the company also has no priority over Ma's trademark rights and may not impose any trademark rights against Ma.
To make matters worse, Apple simultaneously filed its defense against RXD Media claiming that it had infringed the rights to the term "iPad." After the ruling in favor of Apple, the judge stated that "the evidence of overwhelming breach", so it is likely that Apple still requires a fine on the infringement.
Neither Apple nor RXD Media has commented on the decision yet. We'll see