Trademark Lesson: Investigate Your Mark Before Deciding to Use It, or Save Your Money for a Battle!

marciar — Wed, 17 Feb 2010 13:56:47 +0000

The buzz surrounding the unveiling of Apple’s iPad at the end of January was accompanied by speculation regarding whether a trademark infringement action would soon follow. Prior to the Apple-related trademark application for IPAD and the public unveiling of the iPad product, Fujitsu Transaction Solutions Inc. had started using the same mark in connection with hand-held computing devices for wireless networking in a retail environment, and had filed a US trademark application for that mark. Of course, Apple and Fujitsu have dollars in the litigation budget to fight each other (or pay each other off) for the right to use of the name IPAD. A better (and cheaper) practice is to investigate a new trademark before starting to use it, and to identify any potential conflicts before rolling out the name in connection with a product or business. Although an investigation involves some upfront cost, it is certainly less expensive than a battle after goodwill in a name has been established.

Technology Law Rebooted » Trademarks

Trademark Lesson: Investigate Your Mark Before Deciding to Use It, or Save Your Money for a Battle!