“A small New York publisher that uses the label ‘ibooks’ has struck out in its lawsuit against Apple, after a New York court on Wednesday held that the publisher’s mark was not distinct and that consumers would not confuse the two companies’ products,” Jeff John Roberts reports for GigaOM.

“The case began in 2011 after Black Tower Press, a publisher of sci-fi and fantasy titles, filed a trademark suit in response to Apple’s announcement that it would use the word “iBooks” to describe software that allows users to purchase online books,” Roberts reports. “In a detailed decision, U.S. District Judge Denise Cote explained that the word “ibooks” was simply descriptive of books sold on the internet, and that Black Tower had not acquired any distinctive meaning in the word.”

Roberts reports, “Cote also wrote that she was granting summary judgment to Apple for a second reason: that no consumers would be confused by the two companies’ products”

Read more in the full article here.