Mike84
Apr 26, 02:29 PM
You make it sound as though this is such an obvious distinction that Apple could never get a trademark for "app store". But apparently this argument is not so strong in trademark law as Apple actually has the trademark already. If that were not the case how could they sue another entity for trademark infringement?
I think all of you who believe you have trademark law all figured out should keep this in mind. Apple has a trademark for app store. Previously another company had a trademark for "appstore" which is very similar.
You can write about the topic as though you have it all figured out but clearly your interpretation is not definitive as Apple was awarded the trademark.
Now perhaps eventually apple will lose it or have to modify it but the fact that they got the trademark and a legal battle would need to be waged for them to lose proves that your opinion of trademark law in this case is oversimplified.
It was.
Can you please show me the trademark that was granted to Apple for App Store by the USPTO? You won't be able to find it because their trademark has not been approved. An opposition to their application was filed, if you didn't catch that from the text.
Trademark is having property rights in a trade name. Apple, or any other company, can file to protect a trademark they have been using and the USPTO decides if it is too generic to be an actual trademark. I suggest you learn about the process of how trademarks.
"How does a mark qualify for federal registration?
To register a trademark with the PTO, the mark's owner first must put it into use " in commerce that Congress may regulate." This means the mark must be used on a product or service that crosses state, national or territorial lines or that affects commerce crossing such lines--for example, a catalog business or a restaurant or motel that caters to interstate or international customers. Even if the owner files an intent-to-use (ITU) trademark application (ITU applications are discussed in the previous set of questions), the mark will not actually be registered until it is used in commerce."
Source: http://www.inc.com/articles/1999/10/14646.html
Also, take a look at the Lanham Act, which is pretty important when it comes to trademark law ;)
http://en.wikipedia.org/wiki/Lanham_Act <-- particularly Subchapters I and II.
Just because you use a mark does not mean you have been granted the trademark rights in it.
So, as you can see Apple does not have the trademark to App Store. Therefore, your argument fails on that premise alone.
I think all of you who believe you have trademark law all figured out should keep this in mind. Apple has a trademark for app store. Previously another company had a trademark for "appstore" which is very similar.
You can write about the topic as though you have it all figured out but clearly your interpretation is not definitive as Apple was awarded the trademark.
Now perhaps eventually apple will lose it or have to modify it but the fact that they got the trademark and a legal battle would need to be waged for them to lose proves that your opinion of trademark law in this case is oversimplified.
It was.
Can you please show me the trademark that was granted to Apple for App Store by the USPTO? You won't be able to find it because their trademark has not been approved. An opposition to their application was filed, if you didn't catch that from the text.
Trademark is having property rights in a trade name. Apple, or any other company, can file to protect a trademark they have been using and the USPTO decides if it is too generic to be an actual trademark. I suggest you learn about the process of how trademarks.
"How does a mark qualify for federal registration?
To register a trademark with the PTO, the mark's owner first must put it into use " in commerce that Congress may regulate." This means the mark must be used on a product or service that crosses state, national or territorial lines or that affects commerce crossing such lines--for example, a catalog business or a restaurant or motel that caters to interstate or international customers. Even if the owner files an intent-to-use (ITU) trademark application (ITU applications are discussed in the previous set of questions), the mark will not actually be registered until it is used in commerce."
Source: http://www.inc.com/articles/1999/10/14646.html
Also, take a look at the Lanham Act, which is pretty important when it comes to trademark law ;)
http://en.wikipedia.org/wiki/Lanham_Act <-- particularly Subchapters I and II.
Just because you use a mark does not mean you have been granted the trademark rights in it.
So, as you can see Apple does not have the trademark to App Store. Therefore, your argument fails on that premise alone.
marksman
Apr 21, 02:46 PM
Does anyone else really just not care about this? I could care less. It's not like the info is going to end up in China.
And what if it did end up in china? Is china going to pre-emptively place cheap toys where they predict me to go next?
This whole thing is massively overblown. There is no evidence this information is ending up anywhere... The information is there for a reason and serves a specific purpose. I am fine with it.
For someone to access it they would have to steal your phone. As others have mentioned if that was the case, for most people the information about cell tower locations you might have been near is the absolute least of your worries.
People have to realize this information is not private in the first place. Your location as you move from public place to public place is not some kind of protected right to privacy. Sometimes I wish it was, but it is not. We have no right or expectation of privacy as we move around the public world.
There are a myriad of ways our public movements are tracked hundreds of times every day as we move about. I really do wish people would spend more time investigating and understanding these issues then just knee jerk flipping out and "demanding" answers. Especially since they don't even understand the question, so how can they expect to understand the answer?
If this were Google or M$ you apologists would be foaming at the mouth. Nice fallacious argument - just because we can be tracked in our cars with traffic cams, or GPS devices, etc, doesn't mean this, or those instances are legal.
This is clearly in violation of EU law, for those of you who are interested:
http://europa.eu/legislation_summaries/information_society/l14012_en.htm
We should at least be given the choice to opt-out, and the purposes and disclosure policies should be clearly stated, not buried in a 30-page ToS.
Europe has a law against a device you own tracking your movements from one public place to another? That must be tough not to be able to have any GPS devices.
Do you understand privacy? Do you understand what is actually happening with the iPhone and this information? Do you understand the European law you cited?
It seems you do not understand any of those three.
And what if it did end up in china? Is china going to pre-emptively place cheap toys where they predict me to go next?
This whole thing is massively overblown. There is no evidence this information is ending up anywhere... The information is there for a reason and serves a specific purpose. I am fine with it.
For someone to access it they would have to steal your phone. As others have mentioned if that was the case, for most people the information about cell tower locations you might have been near is the absolute least of your worries.
People have to realize this information is not private in the first place. Your location as you move from public place to public place is not some kind of protected right to privacy. Sometimes I wish it was, but it is not. We have no right or expectation of privacy as we move around the public world.
There are a myriad of ways our public movements are tracked hundreds of times every day as we move about. I really do wish people would spend more time investigating and understanding these issues then just knee jerk flipping out and "demanding" answers. Especially since they don't even understand the question, so how can they expect to understand the answer?
If this were Google or M$ you apologists would be foaming at the mouth. Nice fallacious argument - just because we can be tracked in our cars with traffic cams, or GPS devices, etc, doesn't mean this, or those instances are legal.
This is clearly in violation of EU law, for those of you who are interested:
http://europa.eu/legislation_summaries/information_society/l14012_en.htm
We should at least be given the choice to opt-out, and the purposes and disclosure policies should be clearly stated, not buried in a 30-page ToS.
Europe has a law against a device you own tracking your movements from one public place to another? That must be tough not to be able to have any GPS devices.
Do you understand privacy? Do you understand what is actually happening with the iPhone and this information? Do you understand the European law you cited?
It seems you do not understand any of those three.
NameUndecided
Apr 2, 04:56 PM
That block of graphite at the top should contain your Address bar, Back/Forward and search bar. DP2 autohides the tab bar and the favorites bar until you bring your mouse to the top of the screen. There's a screenshot of it earlier in the thread.
Yeah, I'm aware that it should contain those thing. ;) It's just that mine is blank, and the option to "hide toolbar" doesn't make it go away either. (Hiding the toolbar does continue to work in non-fullscreen mode though.)
I do notice though that when I should have a tabs bar, that blank graphite bar does expand when I move the mouse to the top of the screen as you say. It's still all blank though. Clicking around on the blank toolbar also doesn't behave as if I'm clicking on buttons that just happen to be invisible. I also can't drag buttons onto the blank bar from the Customize Toolbar options and have them show up there.
Oh well. I thought it was funny and it didn't/doesn't seem like anyone else has had it happen or mentioned it. Other applications in fullscreen mode seem to work just fine.
Yeah, I'm aware that it should contain those thing. ;) It's just that mine is blank, and the option to "hide toolbar" doesn't make it go away either. (Hiding the toolbar does continue to work in non-fullscreen mode though.)
I do notice though that when I should have a tabs bar, that blank graphite bar does expand when I move the mouse to the top of the screen as you say. It's still all blank though. Clicking around on the blank toolbar also doesn't behave as if I'm clicking on buttons that just happen to be invisible. I also can't drag buttons onto the blank bar from the Customize Toolbar options and have them show up there.
Oh well. I thought it was funny and it didn't/doesn't seem like anyone else has had it happen or mentioned it. Other applications in fullscreen mode seem to work just fine.
Lord Blackadder
Mar 1, 02:06 PM
GM had the 4.5 liter Duramax in development for their half-ton trucks, but the economy and their situation canned that. Ford also was working on a baby Powerstroke and Cummins was working on a baby I-6 for Dodge. But, those as well have been canned.
I actually saw a prototype 4.5 Duramax on ebay about a year ago. A few of them are probably out in the wild somewhere - shame they killed it, it was a good idea.
The big three had little choice but to cancel a lot of programs in the last couple years due to the financial crisis, but America needs a company to develop a range of smaller diesel engines suitable for auto applications - not the least of which would be a diesel-powered version of the Volt.
edit: nevermind ... the 163hp diesel is the new 2011 replacement engine for the 150 hp engine in the euro market, so i suspect the old production line of the 150hp version can no produce the engine for the US market
One would assume GM would use the new engine in any Cruze diesel here in the USA? If, of course, they actually do sell this here. I say do it, GM.
I actually saw a prototype 4.5 Duramax on ebay about a year ago. A few of them are probably out in the wild somewhere - shame they killed it, it was a good idea.
The big three had little choice but to cancel a lot of programs in the last couple years due to the financial crisis, but America needs a company to develop a range of smaller diesel engines suitable for auto applications - not the least of which would be a diesel-powered version of the Volt.
edit: nevermind ... the 163hp diesel is the new 2011 replacement engine for the 150 hp engine in the euro market, so i suspect the old production line of the 150hp version can no produce the engine for the US market
One would assume GM would use the new engine in any Cruze diesel here in the USA? If, of course, they actually do sell this here. I say do it, GM.
takao
Jan 12, 02:33 PM
thinking back how many people called the iPod, mac mini and macbook name stupid it's very likely already confirmed
on the other side it would be much more logical to refer to wimax or other such features
on the other side it would be much more logical to refer to wimax or other such features
maverick808
Oct 23, 10:00 PM
Does anyone really think Apple would do a major hardware update without a press conference of any kind?
Depends what you mean by major hardware update.
The iMac was updated without a press conference of any kind. That update included C2D, brand new larger screen model, FW800, much better video cards (at least as an option) and better speakers. I'd call the release of an entirely new model (the 24"), and processor and other updates across the line, a major hardware update. And that happened with no conference of any kind.
The MacBook (non pro) was released without any event or conference. That update included a completely new enclosure, new processor architecture (and obviously new CPU), increased screen resolution, brightness... well, it was a whole new machine. And again... no press conference.
I'd call that a major hardware update. I guess you must have a different definition of major hardware update... although I can't think what could be more major than the silent MacBook release, which was a completely new machine.
Depends what you mean by major hardware update.
The iMac was updated without a press conference of any kind. That update included C2D, brand new larger screen model, FW800, much better video cards (at least as an option) and better speakers. I'd call the release of an entirely new model (the 24"), and processor and other updates across the line, a major hardware update. And that happened with no conference of any kind.
The MacBook (non pro) was released without any event or conference. That update included a completely new enclosure, new processor architecture (and obviously new CPU), increased screen resolution, brightness... well, it was a whole new machine. And again... no press conference.
I'd call that a major hardware update. I guess you must have a different definition of major hardware update... although I can't think what could be more major than the silent MacBook release, which was a completely new machine.
emotion
Nov 27, 02:31 PM
Reasons why this isn't a good idea:
1. Too small, you can get 19 inch widescreen monitors for �130 upward these days. The market for the Apple 17" is that market. I'd believe a 19inch rumour though. The 20" ACD is pro, maybe release a 19" in black or white for macbook/mac mini owners?
2. Digitimes? Page 3 rumours.
And talking of matching accessories when is apple going to release keyboards that are up to date? Their current offering look as out of date as the bondi blue imac. Euw (I know this is off-topic for the thread but the rumour is bogus anyway :) ).
1. Too small, you can get 19 inch widescreen monitors for �130 upward these days. The market for the Apple 17" is that market. I'd believe a 19inch rumour though. The 20" ACD is pro, maybe release a 19" in black or white for macbook/mac mini owners?
2. Digitimes? Page 3 rumours.
And talking of matching accessories when is apple going to release keyboards that are up to date? Their current offering look as out of date as the bondi blue imac. Euw (I know this is off-topic for the thread but the rumour is bogus anyway :) ).
fel10
May 2, 07:07 PM
Lion just keeps getting better and better. Can't wait for summer.:D
bokdol
Sep 1, 01:05 PM
Really? I heard that you can connect and external monitor using a hack software for dual screen support . But it does not support the cinema displays.
I hope I am wrong.:)
the imac now can do screen spaning up to a 23 inch monitor. it's only in the last revision.
http://www.apple.com/imac/graphics.html
check near bottom
I hope I am wrong.:)
the imac now can do screen spaning up to a 23 inch monitor. it's only in the last revision.
http://www.apple.com/imac/graphics.html
check near bottom
Multimedia
Sep 8, 09:28 PM
Number of posts in this thread seem to indicate that this update has been underwhelmingWhen it goes C2D that will be a bigger deal. But it's still hard to get exceted about a Mac with this little power costing even $599 w/o a Superdrive. Seems like the 17" iMac @ $899 academic is a mini killer to me. At least that way you have the potential of two screens.
If the mini had two DVI ports that would make it much more attractive. It's the only Mac that can't run two screens.
If the mini had two DVI ports that would make it much more attractive. It's the only Mac that can't run two screens.
AFPoster
Mar 22, 01:53 PM
The problem is there are some people that cannot see the evidence in front of them.
You can have an intelligent debate with someone about some contentious issue such as abortion, animal experiments, death penalty etc because there are intelligent arguments to argue both sides. People obviously have different opinions, but I can recognise the merits of the arguments made by those who disagree with me.
This, however, it not one of those topics. Things like homosexuality as a choice, creationism, astrology are not unknowns. There is evidence- scientists don't seriously research astrology because the evidence is in! Some people will still believe in these things through faith or whatever else. [Not that I understand it- if God himself came down now and told me he was real and I should be anti-gay rights I'd just tell him to shove it!]
What we can say is that homosexuals do seem to be getting more and more rights, which is great. I was so happy to see civil partnerships introduced here a few years ago, and I hope it will be 're-branded' as marriage eventually. We don't need everyone to agree to make progress, and there will always be people behind the times, but with any luck anti-homosxual views will become more and more unacceptable in civilised society.
This is good! Especially the last line, and if I may piggy back on that stating slavery & women not being equal to men is now unacceptable as it should be.
I actually agree. But would you still think this if they didn't allow "Gay B-Gone." Or would you cry that gays always get their way?
Honestly I wouldn't cry about any issue with apps. I pay attention to what's coming to iOS and what is approved and disapproved but I look at it as Apple has it's own reasons. As long as no App they approve is forced on me I'm happy.
I may not know the pythagorean theorem either, but if I'm going to participate in a debate over the pythagorean theorem, I'm going to make damn sure I know it.
Again, I agree I came without my research on the founding fathers & the pledge of allegiance.
You can have an intelligent debate with someone about some contentious issue such as abortion, animal experiments, death penalty etc because there are intelligent arguments to argue both sides. People obviously have different opinions, but I can recognise the merits of the arguments made by those who disagree with me.
This, however, it not one of those topics. Things like homosexuality as a choice, creationism, astrology are not unknowns. There is evidence- scientists don't seriously research astrology because the evidence is in! Some people will still believe in these things through faith or whatever else. [Not that I understand it- if God himself came down now and told me he was real and I should be anti-gay rights I'd just tell him to shove it!]
What we can say is that homosexuals do seem to be getting more and more rights, which is great. I was so happy to see civil partnerships introduced here a few years ago, and I hope it will be 're-branded' as marriage eventually. We don't need everyone to agree to make progress, and there will always be people behind the times, but with any luck anti-homosxual views will become more and more unacceptable in civilised society.
This is good! Especially the last line, and if I may piggy back on that stating slavery & women not being equal to men is now unacceptable as it should be.
I actually agree. But would you still think this if they didn't allow "Gay B-Gone." Or would you cry that gays always get their way?
Honestly I wouldn't cry about any issue with apps. I pay attention to what's coming to iOS and what is approved and disapproved but I look at it as Apple has it's own reasons. As long as no App they approve is forced on me I'm happy.
I may not know the pythagorean theorem either, but if I'm going to participate in a debate over the pythagorean theorem, I'm going to make damn sure I know it.
Again, I agree I came without my research on the founding fathers & the pledge of allegiance.
roland.g
Sep 1, 01:32 PM
Has apple done this before? I'm not trying to make it sound like i'm rude, I really just dont know. I know that when the first MBP's came out they did that silent upgrade in power but I didnt think it was price.
When they had 17" Lampshade G4 iMacs, the price came down one day without notice. I think they also dropped the price $100 on G5 iMac when they upped specs adding Airport (and maybe BT) standard. That was when they went $1,799 to $1,699.
When they had 17" Lampshade G4 iMacs, the price came down one day without notice. I think they also dropped the price $100 on G5 iMac when they upped specs adding Airport (and maybe BT) standard. That was when they went $1,799 to $1,699.
iJohnHenry
Apr 10, 11:15 AM
I've obviously never tried any of the fancy auto shifting modern cars.
My KIA has selectronic shifting, and it's fun to go "over there", now and then. ;)
My KIA has selectronic shifting, and it's fun to go "over there", now and then. ;)
joemama
Nov 27, 03:15 PM
"but, that's not worth the extra dollars for me"
Ding-Ding-Ding! You answered all of your above complaints and whining about Apple's prices. You aren't the target audience for their displays.
.
Let's not forget, Apple is in the business of making money. If you don't think so, just look at the new iPods that do not come with an installer CD or a manual. Did Apple lower the price by 25 cents, the amount it might take to produce these? No - that's more 25 cents in Apple's pocket.
While Apple is targeting professionals and pro-sumers, they know they need to still compete. Their prices on monitors are WAY off.
By the time these 17" come out, after christmas, 17" monitors will be going for $150-200 max. If Apple did release one, with an iSight and one firewire port, maybe it's $249, at most. Anything higher won't sell.
Remember, companies may set the price, but it's the market that stipulates what people will pay. And if Apple wants a piece of the pie, they will adjust accordingly.
Ding-Ding-Ding! You answered all of your above complaints and whining about Apple's prices. You aren't the target audience for their displays.
.
Let's not forget, Apple is in the business of making money. If you don't think so, just look at the new iPods that do not come with an installer CD or a manual. Did Apple lower the price by 25 cents, the amount it might take to produce these? No - that's more 25 cents in Apple's pocket.
While Apple is targeting professionals and pro-sumers, they know they need to still compete. Their prices on monitors are WAY off.
By the time these 17" come out, after christmas, 17" monitors will be going for $150-200 max. If Apple did release one, with an iSight and one firewire port, maybe it's $249, at most. Anything higher won't sell.
Remember, companies may set the price, but it's the market that stipulates what people will pay. And if Apple wants a piece of the pie, they will adjust accordingly.
h'biki
Apr 16, 02:37 AM
If I was a vain pretender to knowledge - Do you know who Ernest Satow was ? Do you know over 2,000 Japanese kanji characters ? Do you know how to live in another country ? You have NO IDEA
"He thinks he knows everything when he knows nothing -- he must be a politican."
(You get points for knowing where the quote is from, but not IQ points. There's a reason most intelligence tests avoid basing their questions on knowledge.)
"He thinks he knows everything when he knows nothing -- he must be a politican."
(You get points for knowing where the quote is from, but not IQ points. There's a reason most intelligence tests avoid basing their questions on knowledge.)
M-Life
Aug 29, 12:45 PM
It seems that if this rumor is correct, then why now? Why not 2 months ago? Have mini sales been all that great to warrant holding off on a simple update? Or could they possibly have been waiting for other products to move to merom so the mini doesn't infringe? I just don't understand why this has taken so long.
Judo
Mar 25, 04:08 PM
Pretty interesting.
Could portable consoles be the future?
Switch the ipad to TV mode so it acts as a Apple TV/Game console with a bluetooth controller.
Could be pretty cool.
Could portable consoles be the future?
Switch the ipad to TV mode so it acts as a Apple TV/Game console with a bluetooth controller.
Could be pretty cool.
Morod
Apr 21, 12:07 PM
(Incidentally: we have like/dislike buttons on a per-post basis now? :confused: )
Good catch! I just noticed this once you pointed it out.
Good catch! I just noticed this once you pointed it out.
Kingsly
Aug 6, 11:40 PM
More pix of the same... in case anyone cares!
1) WWDC2006!!
2) the now infamous banners�
3) me, with the now infamous baners�
4) Nifty computer bags� they are giving out
5) delicious gelato� :p
1) WWDC2006!!
2) the now infamous banners�
3) me, with the now infamous baners�
4) Nifty computer bags� they are giving out
5) delicious gelato� :p
WilliamBos
Apr 9, 04:40 PM
Manual (stick) shift cars are rare today and I'm wondering how many people still know how to drive them. How did you learn and do you have a desire to own one?
I sure can. Learnt on a Massey 35 before I was 10!! My last car, a 2000 sunfire was a stick. I would not own a small auto car.back in my trucks again: I would not mind a ZF6 Dmax/8.1 truck. But those days are gone, so autos are fine for me.
I sure can. Learnt on a Massey 35 before I was 10!! My last car, a 2000 sunfire was a stick. I would not own a small auto car.back in my trucks again: I would not mind a ZF6 Dmax/8.1 truck. But those days are gone, so autos are fine for me.
arkitect
Mar 22, 12:47 PM
We do work to make things better in the US that's why everyone always wants to come to America.
Nope. Not everyone. I am quite happy where I am… thanks.
Quite frankly after a few visits I am happy never to return to the Land of the super-sized, home of the intolerant.
Nope. Not everyone. I am quite happy where I am… thanks.
Quite frankly after a few visits I am happy never to return to the Land of the super-sized, home of the intolerant.
Meandmunch
Mar 25, 04:02 PM
Very cool!
By the time the big game console companies (xbox, PS3) finally decide it's time to move forward with a new system (2014-15 is what has been projected), a device as mundane as an iPhone sporting a A7-A8 processor will blow right past existing console tech. iDevices and there closest competitors will be biting deeply into console market share.
By the time the big game console companies (xbox, PS3) finally decide it's time to move forward with a new system (2014-15 is what has been projected), a device as mundane as an iPhone sporting a A7-A8 processor will blow right past existing console tech. iDevices and there closest competitors will be biting deeply into console market share.
ErikGrim
Apr 6, 08:50 AM
Yes, I do!
For me, TextEdit and Preview crash on launch. I suspected Dropbox 1.1.13 but killing Dropbox didn't 'cure' the crashes.
Not getting any of these at all.
For me, TextEdit and Preview crash on launch. I suspected Dropbox 1.1.13 but killing Dropbox didn't 'cure' the crashes.
Not getting any of these at all.
zv470
Jul 18, 02:13 AM
...ok, and what about an iTunes Music Store for New Zealand and all the other countries that are missing out? :eek: please :p
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