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| Authored by: dio gratia on Friday, September 21 2012 @ 10:17 AM EDT |
Apple's design patents refer to the shapes as handheld electronic products which
would fall in Class 9. You could note that the Apple registered trademarked
iPhone icons are in Class 9 (e.g. calculator icon 85018947, 944x944 pixels,
http://www.patentlyapple.com/patently-apple/2010/04/apple-files-trademark-for-th
e-iphones-calculator-icon.html ).
In addition to the apparent lack of ambiguity as to the trademark class it's
likely hard to convince someone a rounded corner rectangle is a round clock or
watch body.
You can literally find all the features present in the trademark registration
image in various clocks, including a red second hand with a round ball albeit
not on the very end of the sweep hand. Infringement would likely be limited to
having them all present. Otherwise a clock trademark would be impossibly wide.
Apple's clock display is missing the rim around the face/crystal for instance.
I'd imagine a defendant's counsel could have a field day confusing people with
different clock faces to make the point.
Equating a virtual clock comprised of a computer graphics animation with
something in Class 14 doesn't sound like a winning strategy.
A quick look around and I found four Swiss Railway Clock screen savers for
various platforms and two Swiss Railway Clock apps, including one for Samsung
mobile phones. There's a Swiss Railway Clock emulator running under X11 on
FreeBSD. I just downloaded a Dashboard widget for a Swiss Railway clock. Is
SBB's apparent unhappiness related to how deep Apple's pockets are?
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| Authored by: dio gratia on Friday, September 21 2012 @ 10:23 AM EDT |
Oh, and you can download a PC Swiss Railway Clock app from
http://www.hilfiker.org . The name ought to be familiar, as in the original
clock designer.
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