oracle_ab
Apr 27, 10:03 AM
Context doesn't impact a trademark either. The only thing that would permit anyone to use the "App Store" trademark if it was granted would be outside of Apple's selected field of trade.
I could call my restaurant "App Store" because Apple did not trademark App Store as it relates to restoration and food. I could call my new Car model the "GM App Store", as it does not relate to the field in which Apple trademarked it.
I can't however call my store that sells Applications "App Store" or use "App Store" in a portion of its name, or for the slogan "KnightMarket : The best darn App Store!"
That is why descriptive trademarks aren't usually awarded and granted. Because it gives too much power to a single entity in a certain field of trade. We'll see how the USPTO decides this when they hand in their final decision in Apple's request, especially now that Microsoft filed in the opposition phase (which is exactly why the USPTO has an opposition phase to begin with).
This I totally agree with. In regard to written language, context makes a difference. Context may be substituted for your more correct language of "field of trade." One wouldn't be in violation of the trademark if presenting it in general terms (outside of the field or in reference to something w/in the field, much like Windows OS vs. GUI windows), but would be if they wanted to use the term w/in their own title w/in the same field.
I think we're saying the same things, but perhaps my original post wasn't clear and relied to heavily on implied understanding....
I could call my restaurant "App Store" because Apple did not trademark App Store as it relates to restoration and food. I could call my new Car model the "GM App Store", as it does not relate to the field in which Apple trademarked it.
I can't however call my store that sells Applications "App Store" or use "App Store" in a portion of its name, or for the slogan "KnightMarket : The best darn App Store!"
That is why descriptive trademarks aren't usually awarded and granted. Because it gives too much power to a single entity in a certain field of trade. We'll see how the USPTO decides this when they hand in their final decision in Apple's request, especially now that Microsoft filed in the opposition phase (which is exactly why the USPTO has an opposition phase to begin with).
This I totally agree with. In regard to written language, context makes a difference. Context may be substituted for your more correct language of "field of trade." One wouldn't be in violation of the trademark if presenting it in general terms (outside of the field or in reference to something w/in the field, much like Windows OS vs. GUI windows), but would be if they wanted to use the term w/in their own title w/in the same field.
I think we're saying the same things, but perhaps my original post wasn't clear and relied to heavily on implied understanding....
levitynyc
Mar 25, 03:50 PM
Time to grab a 10 foot HDMI cord.
paul4339
Apr 27, 01:20 AM
...Thats the exact same thing going on here with App store. Companies trademark "generic" terms all the time. Most trademarks ARE generic. But once it becomes used to associate a brand or product, its no longer generic.
I think that's the point MS was making with it's objection, citing that Eastern Airlines had tried to trademark "Shuttle", and even though people associated Shuttle with Eastern, because the word was used so often, "shuttle" had (or became?) a "de-facto secondary" meaning. The courts ruled against Eastern and all the other airlines (New York airlines shuttle, Delta shuttle, etc) were allowed to use the word. MS then pointed out a list of examples of how 'app store' is used and has now attained a "de-facto secondary' meaning too. (I'm not saying it's right or wrong, just pointing out the Microsoft's case)
I think that's the point MS was making with it's objection, citing that Eastern Airlines had tried to trademark "Shuttle", and even though people associated Shuttle with Eastern, because the word was used so often, "shuttle" had (or became?) a "de-facto secondary" meaning. The courts ruled against Eastern and all the other airlines (New York airlines shuttle, Delta shuttle, etc) were allowed to use the word. MS then pointed out a list of examples of how 'app store' is used and has now attained a "de-facto secondary' meaning too. (I'm not saying it's right or wrong, just pointing out the Microsoft's case)
*LTD*
Apr 23, 12:17 AM
Not this easy.
It's not so much about finding people at any moment, but knowing where they've been. And this file makes it dirt simple to find that out.
A guy in your terrorist cell claims he's not FBI, because he's never been to Washington DC. Even his phone contacts are all people nowhere near there. Yet what if his cache list says otherwise. He's probably dead.
By now, you also know that I always speak from personal experience when possible.
I was Military Intelligence and NSA in the heart of the Cold War. I did undercover field work at times. This kind of easy info is both priceless and dangerous. I've seen field officers compromised in almost every way imaginable. My scenarios are not stretches by any means.
Sorry, I just don't buy it. Isolated examples dependent upon a very rare set of circumstances that the average user won't encounter. I *do* believe your experience, you're very well versed when it comes to tech and no doubt well-treavelled, but this is just too much of a stretch. Yes, it's possible. But it's also possible to gain the same information in much more common and easier ways, instead of the super-spy scenario. I'm not sure how your terrorist cell example applies to anything relevant (or dangerous) for the average, everyday person.
I'm pretty sure your average FBI agent's iPhone (assuming they carry around iPhones) that has been cleared for use (and very likely modified) by the FBI can be stripped right down forensically and will have revealed absolutely nothing.
The average user who is *not* a secret agent really has nothing to be in up in arms about, provided they haven't just knocked off a bank or killed someone.
It's not so much about finding people at any moment, but knowing where they've been. And this file makes it dirt simple to find that out.
A guy in your terrorist cell claims he's not FBI, because he's never been to Washington DC. Even his phone contacts are all people nowhere near there. Yet what if his cache list says otherwise. He's probably dead.
By now, you also know that I always speak from personal experience when possible.
I was Military Intelligence and NSA in the heart of the Cold War. I did undercover field work at times. This kind of easy info is both priceless and dangerous. I've seen field officers compromised in almost every way imaginable. My scenarios are not stretches by any means.
Sorry, I just don't buy it. Isolated examples dependent upon a very rare set of circumstances that the average user won't encounter. I *do* believe your experience, you're very well versed when it comes to tech and no doubt well-treavelled, but this is just too much of a stretch. Yes, it's possible. But it's also possible to gain the same information in much more common and easier ways, instead of the super-spy scenario. I'm not sure how your terrorist cell example applies to anything relevant (or dangerous) for the average, everyday person.
I'm pretty sure your average FBI agent's iPhone (assuming they carry around iPhones) that has been cleared for use (and very likely modified) by the FBI can be stripped right down forensically and will have revealed absolutely nothing.
The average user who is *not* a secret agent really has nothing to be in up in arms about, provided they haven't just knocked off a bank or killed someone.
flottenheimer
Mar 26, 12:12 PM
Very, very, very nice.
For a split second it almost convinced me to sell the family WII. Unfortunately my kids would miss Mario, Kirby, Klonoa and all the other Nintendo heroes way too much if I did that.
For a split second it almost convinced me to sell the family WII. Unfortunately my kids would miss Mario, Kirby, Klonoa and all the other Nintendo heroes way too much if I did that.
suwandy
Oct 23, 04:32 PM
http://www.macrumors.com/images/macrumorsthreadlogo.gif (http://www.macrumors.com)
MacGadget.de (German) (http://www.macgadget.de/) reports that MacBook Pro upgrades could take place as early as this week. Expected updates include Core 2 Duo upgrades as has long been expected as well as larger drives, FW800, and upgraded DVD drives.
Meanwhile, product checks (http://www.appleinsider.com/article.php?id=2163) indicate that several European hardware distributers "ran dry" of MacBook and MacBook Pro inventory several weeks ago.
Rumors of MacBook Pro upgrades have been ongoing for weeks. The last MacRumors.com reported rumor from MacGadget.de comes from an iBook update prediction (http://www.macrumors.com/pages/2004/10/20041015154040.shtml) in 2004. That rumor turned out to be true (http://www.macrumors.com/pages/2004/10/20041019083450.shtml).
and the rumor for this one will turn out to be true as well, and I'll be free from this waiting room. :)
MacGadget.de (German) (http://www.macgadget.de/) reports that MacBook Pro upgrades could take place as early as this week. Expected updates include Core 2 Duo upgrades as has long been expected as well as larger drives, FW800, and upgraded DVD drives.
Meanwhile, product checks (http://www.appleinsider.com/article.php?id=2163) indicate that several European hardware distributers "ran dry" of MacBook and MacBook Pro inventory several weeks ago.
Rumors of MacBook Pro upgrades have been ongoing for weeks. The last MacRumors.com reported rumor from MacGadget.de comes from an iBook update prediction (http://www.macrumors.com/pages/2004/10/20041015154040.shtml) in 2004. That rumor turned out to be true (http://www.macrumors.com/pages/2004/10/20041019083450.shtml).
and the rumor for this one will turn out to be true as well, and I'll be free from this waiting room. :)
physicsguy13
Apr 2, 08:54 PM
thousands of ipads being returned?! source?
what really happened is about 5-10 people unfortunately got a defective unit, then freaked out, and called all the news sites around, so they can tell the world how mad they were about there product, that they surly got a free replacement model.
Well I guess that I would be one of the 10 people because my iPad 2 has a light bleeding issue and I called AppleCare today about it. I was told that my serial number was part of a bad batch and they would replace my iPad without question but they could not guarantee a perfect unit at this time and that Apple is aware of the issue and is investigating it. I only talked to the guy for about one minute and was told that Apple was looking into this so I am guessing that more than 10 people have an issue.
what really happened is about 5-10 people unfortunately got a defective unit, then freaked out, and called all the news sites around, so they can tell the world how mad they were about there product, that they surly got a free replacement model.
Well I guess that I would be one of the 10 people because my iPad 2 has a light bleeding issue and I called AppleCare today about it. I was told that my serial number was part of a bad batch and they would replace my iPad without question but they could not guarantee a perfect unit at this time and that Apple is aware of the issue and is investigating it. I only talked to the guy for about one minute and was told that Apple was looking into this so I am guessing that more than 10 people have an issue.
Veg
Feb 25, 02:00 PM
http://i884.photobucket.com/albums/ac50/tadziodlu/IMG_1442.jpg
lejudicieux
Nov 25, 10:03 PM
My gosh, they gigantic case joke was funny at first, then he tells you it's not amusing to him anymore, so you continue. You're beating a dead horse. In fact, this horse's insides are smeared all over the road.
Anyway, I bought an Acer Aspire One netbook with a free sleeve for $175 with tax.
It has the usual stats, and I plan on upgrading to a 6 cell battery eventually. I love it death.
http://img517.imageshack.us/img517/8595/photoom.jpg
Anyway, I bought an Acer Aspire One netbook with a free sleeve for $175 with tax.
It has the usual stats, and I plan on upgrading to a 6 cell battery eventually. I love it death.
http://img517.imageshack.us/img517/8595/photoom.jpg
danielwsmithee
Nov 27, 03:28 PM
If Apple wasn't satisfied with the number of units they were moving, and had a markup far above their (real) competitors, I would think Apple would lower it's prices, don't you? That would be the only way to make money if they weren't actually selling the monitors.Exactly that is why Apple needs a refresh to the prices. We both see eye-to-eye on the quality of their product and it's superiority. I'm just stating that their prices are stale and need a refresh. Something on the order of $499 (20"), $899 (23"), and $1699 (30").
MCIowaRulz
Apr 12, 09:12 PM
You can follow this link
http://twitpic.com/photos/robimbs
Looks nice!
http://s3.amazonaws.com/twitpic/photos/large/275784142.jpg?AWSAccessKeyId=AKIAJF3XCCKACR3QDMOA&Expires=1302661762&Signature=frki81qIXmAgzK92lFfwqmHP8tQ%3D
http://twitpic.com/photos/robimbs
Looks nice!
http://s3.amazonaws.com/twitpic/photos/large/275784142.jpg?AWSAccessKeyId=AKIAJF3XCCKACR3QDMOA&Expires=1302661762&Signature=frki81qIXmAgzK92lFfwqmHP8tQ%3D
lyzardking
Dec 26, 09:26 PM
I've found that starting from scratch sometimes fixes things, so hopefully that will work, good luck!
It worked...
just enough points to take 4th place back (at least temporarily)
;)
It worked...
just enough points to take 4th place back (at least temporarily)
;)
spencers
Jan 6, 04:33 PM
On a side note, the previous owner of my E30 that I posted on page 1 just called and offered to buy it back, and offered to do a trade + cash for his much newer e9033i (if I understood him correctly). I need to take the e30 out AutoXing first to decide...still, will give him first dibs once I decide to depart with this classic car. I think I would have to get rid of it for an E30 M3 though ;-)
That's a heck of a decision! I'd sell it back though. If he built that car, there's a huge bond he's now missing. There's always a mint E30 M3 out there somewhere. ;)
The engines will, no problem. It's all the expensive bits around them that can't!
That's all that matters, no? I'm not gonna be going around Fred Flintstone-ing my bimmer...
That's a heck of a decision! I'd sell it back though. If he built that car, there's a huge bond he's now missing. There's always a mint E30 M3 out there somewhere. ;)
The engines will, no problem. It's all the expensive bits around them that can't!
That's all that matters, no? I'm not gonna be going around Fred Flintstone-ing my bimmer...
BabyFaceMagee
Jan 13, 01:34 PM
Apple dosent registor domain names like that...
Apple doesn't purchase individual sites for its products. They put everything under the www.apple.com site. go try looking for www.macbook.com or www.powerbook.com and you'll see they just go to individual user's sites. So no MacbookAir.com site registered to Apple doesn't mean anything.
Apple doesn't purchase individual sites for its products. They put everything under the www.apple.com site. go try looking for www.macbook.com or www.powerbook.com and you'll see they just go to individual user's sites. So no MacbookAir.com site registered to Apple doesn't mean anything.
tblrsa
Mar 28, 03:12 PM
The iPod Classic is the best iPod ever released, period. I love it since day 1. Only downside is you can�t use it for sports, due to its sensitive hard drive. The device does look awesome, goes well with my aluminum book.
..is an ipod that is just about music and nothing else. and yeah the sound quality of the classic thats out right now does suck...i'd like to see improved battery life, higher quality chips (DAC, amps,...), digital output, maybe airplay - and all of that in a sexy, indestructable metal case with a click wheel and a small non touch display...
Sounds like an awesome idea for a new Classic.
..is an ipod that is just about music and nothing else. and yeah the sound quality of the classic thats out right now does suck...i'd like to see improved battery life, higher quality chips (DAC, amps,...), digital output, maybe airplay - and all of that in a sexy, indestructable metal case with a click wheel and a small non touch display...
Sounds like an awesome idea for a new Classic.
Marx55
Jan 1, 06:44 PM
iPhone with built-in Mac OS X mobile with pictures:
http://www.t3.co.uk/news/247/communications/mobile_phone/evidence_mounts_for_january_iphone
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=1
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=2
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=3
Now, imagine it as the ultimate computerless wireless all-in-one presentation remote of native Keynote and PowerPoint presentations.
Huge halo effect on all corporate, education and domestic markers.
We need tons of them!
http://www.t3.co.uk/news/247/communications/mobile_phone/evidence_mounts_for_january_iphone
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=1
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=2
http://www.t3.co.uk/nested_content/gallery_assetlisting_navigation?root=633162&result_page=3
Now, imagine it as the ultimate computerless wireless all-in-one presentation remote of native Keynote and PowerPoint presentations.
Huge halo effect on all corporate, education and domestic markers.
We need tons of them!
shadowmoses
Aug 16, 01:16 PM
This whole iPhone thing is really annoying me I was about to start a contract and get an LG chocolate but these rumors are putting me off if its not announced at the next apple meeting it'll be the luscious LG chocolate,
In all honesty though I don't care for a iPhone I just want a true video iPod!!!
SHadoW
In all honesty though I don't care for a iPhone I just want a true video iPod!!!
SHadoW
poppe
Sep 1, 01:16 PM
Computer lines (outside of Apple) overlap ALL THE TIME. It seems like all of you are afraid of the iMac outselling the Mac Pro. The smart thing to do is, yes, to make the iMac super-upgradeable but more expensive to do so, something which is probably intuitive anyway. People will then make the choice of an all-in-one or a tower. There is no such thing as a "too powerful" iMac. Apple sets the price, consumers buy.
No, now that I think about it, I dont think i'm worried about iMacs out selling a Mac Pro.
I'm acctually thinking how Apple tends to keep its computers seperated in some way so that the people that want a Mac Pro get a Mac Pro even if they have to resort to payments just to have it; that way people don't think they could settle for an iMac at 2399 and say "well I wanted a Mac Pro, but this should be ok too i guess"
Thats crazy! no way do Computers (outside of Apple) overlap ALL THE TIME.
No, now that I think about it, I dont think i'm worried about iMacs out selling a Mac Pro.
I'm acctually thinking how Apple tends to keep its computers seperated in some way so that the people that want a Mac Pro get a Mac Pro even if they have to resort to payments just to have it; that way people don't think they could settle for an iMac at 2399 and say "well I wanted a Mac Pro, but this should be ok too i guess"
Thats crazy! no way do Computers (outside of Apple) overlap ALL THE TIME.
fhall1
Feb 27, 02:02 PM
27" iMac
17" MacBook Pro
iPad 16GB
iPhone 4 16GB
Logitech Z-2300
Time Capsule 1TB
Nice setup, but you have the room....don't spoil it by setting the printer on the subwoofer under the desk
17" MacBook Pro
iPad 16GB
iPhone 4 16GB
Logitech Z-2300
Time Capsule 1TB
Nice setup, but you have the room....don't spoil it by setting the printer on the subwoofer under the desk
firestarter
Mar 20, 06:03 PM
And like I said, they dont have to be worried because homeopathy is not directly harmful to people. Ex-gay therapy is. This is not just an app based on christianity. Exodus International is an organization dedicated specifically to ex-gay therapy.
Maybe Apple should ban all religious apps.
In a way, religion is very like homeopathy, since it pretends that something non-existant has the ability to cure/help/heal etc.
Like homeopathy, religion can encourage one to do nothing of value ('let's pray for Japan', 'let's try to cure cancer with just water') rather than something physical which actually has an effect. It could be construed as being dangerous and damaging in that sense.
Maybe Apple should ban all religious apps.
In a way, religion is very like homeopathy, since it pretends that something non-existant has the ability to cure/help/heal etc.
Like homeopathy, religion can encourage one to do nothing of value ('let's pray for Japan', 'let's try to cure cancer with just water') rather than something physical which actually has an effect. It could be construed as being dangerous and damaging in that sense.
interestedabit
Apr 19, 11:18 AM
Yay, I'm hoping for a redesign..
not needed..
not needed..
paradillon
Oct 23, 09:17 PM
I was helping a neighbor to order an iMac for his son tonight.
We logged into his apple account to look at the config on his previous order for his other son.
We got a notice saying the web and phone order system was down while being upgraded.
:eek:
We logged into his apple account to look at the config on his previous order for his other son.
We got a notice saying the web and phone order system was down while being upgraded.
:eek:
blahblah100
Apr 26, 01:15 PM
anyone else getting a little bit fed up of apples lawsuits?
Only if it's Apple being sued. Remember, when Apple sues, they are just protecting their intellectual property. Only when another company sues Apple is it frivolous and annoying and a case of where the plaintiffs are just trying to ride Apple's coattails. :rolleyes:
If you read the forums, it's very clear: lawsuits are only valid if Apple is the plaintiff.
Only if it's Apple being sued. Remember, when Apple sues, they are just protecting their intellectual property. Only when another company sues Apple is it frivolous and annoying and a case of where the plaintiffs are just trying to ride Apple's coattails. :rolleyes:
If you read the forums, it's very clear: lawsuits are only valid if Apple is the plaintiff.
timdafweak
Apr 13, 05:42 AM
So now the question is do I still need to transcode to pro res my avchd footage :rolleyes::confused:
Yeah, I haven't been able to determine whether this will be the case, or if FCPX will edit AVCHD natively.
Yeah, I haven't been able to determine whether this will be the case, or if FCPX will edit AVCHD natively.