“Apple was sued May 21 by Innovate Media Group LLP of Costa Mesa, California, owner of two registered U.S. trademarks for ‘iAd,'” AP reports. “Innovate, founded in 2002 by Yahoo! Inc. alumnus John Cecil, registered the trademarks for use with Internet advertising in October 2008, according to the database of the U.S. Patent and Trademark Office. The company has used the terms since 2006, it said in the complaint filed in federal court in Los Angeles.”
AP reports, “Innovate claims that Apple’s use of the ‘iAd’ mark ‘is just another sequence in a pattern of conduct by Apple, of ignoring and tramping the intellectual property rights of others.’ The complaint noted that ‘iPhone,’ ‘iPad’ and even the name ‘Apple’ were all marks held by third parties, ‘which Apple used without the owners’ permission, and ultimately took over.’ Innovate made reference to trademark disputes with the Beatles-founded record label Apple Corp. and Cisco Systems Inc.’s iPhone mark.”
MacDailyNews Note: MInor point (sarcasm), but Apple legally gained the rights to use iPhone, iPad, and Apple. They didn’t “take them over.”
AP continues, “Innovate claimed it has suffered ‘irreparable harm’ and notes that Apple has applied for to register ‘iAd’ as a trademark in Canada. It asked the court to bar Apple from using ‘iAd,’ and for an award of money damages and all profits realized by Apple relative to its alleged infringement. Additionally, Innovate requested awards of litigation costs and attorney fees, and extra damages for what it said is deliberate infringement by Apple.”
More details in the full article here.
[Thanks to MacDailyNews Reader “Carl H.” for the heads up.]
I’ve always found it ironic that Apple never trademarked the use of the letter ‘i’ as a prefix to a product title when they came up with the name of ‘iPod’. Its amazing how many products I see these days that are now ‘i’ this and ‘i’ that and you just know the manufacturers got the idea from Apple.
And now Jobs and co. are being sued by a company who would never have called their product ‘iAd’ if they hadn’t got the idea from the culture that originated in Cupertino.
Is it reasonable to suggest that Apple might have sought to license the trademark from innovate but innovate wanted too much for the trademark, forcing Apple to end run around Innovate? Or is there something else going on here?
These guys are like Mosquitos for Apple.
They will throw a few dollars at it, license the trademark, and consider it a working expense.
“Few,” being a relative term, of course.
@ Dirty Pierre–
I remember reading that Apple did in fact try registering the letter “i” to begin the name of a product, but they were rejected.
So, Apple may have to call it iAppAd or something else. Other than first putting Apple “i” in front of “Ad”. What are you doing with it where Apple cost you money?
Apple should sue Innovate Media Group LLP for using Apple’s “i” without their permission!
C’mon guys. Let’s not be blind followers and call out Apple when needed. We’ll be much more respected as a group if we apply a little bit of intellectual honesty.
Even MDN didn’t have a quip about this because it appears Apple is trampling on someone else’s IP. God forbid someone does this to Apple and you guys would be out for blood. Does the term hypocrytical come to mind?
Apple does have a history of this behavior. Perhaps it’s just their way of forcing some negotiated deal. But until that happens, there is another party who appears to have a legitimate mark.
It’s not even a consumer space brand, the name is irrelevant. User’s will never see “iAds”, they will just see advertisements in the application they are using. iAd is simply a description for the technology and could just as easily be “Apple’s Ad Framework”.
Why would Apple pursue this name or not have investigated it in the first place?
Just did a search for iAd on Google. In the first ten pages of results there was not one single mention of Innovative Media. there are other meanings for the three letters but nothing else to do with advertising.
These are just ‘trademark’ trolls.
It’s simple kiddies. trademark every possibility with ‘i’ in front of it. Apple will surely want to use it sometime. It’s a goldmine!
With the publicity they have already gained, not only has Apple not harmed them, but They’re getting a huge identity boost because of Apple’s fame.
Yes, let’s be fair, and we all know that Innovate came up with the idea of iAd after Apple had started to make the i-prefix famous, you know, the iMac, etc.
Stupid name anyway.
these stories are so damn boring…
Apple has more $$$$$ than Gawd. They can just pay off whoever, and do whatever they want. Are we supposed to be freaked out about this? iAd? Really?
yawn
Have you done something to disable the new ‘reader’ function??
If the Innovate Media company doesn’t have a real product, then that would be support for Apple’s side. But Innovate Media is a real company and they have a product.
Apple’s going to compromise or lose in court. Naturally, Apple knows this and so they will compromise.
@MadMac
Although I agree with you and wish Apple was less thug-like in taking names and asking permission later, I would question your use of “IP” not “Trademark”
I don’t see Apple stealing any Intellectual Property here, just a name. One that was derived off of the coattails of the iMac and iPad. Anyone using “iXXX” is riding the wave of Apple’s success, and although I agree they have the legal right to do so, I don’t think apple is committing immoral technical espionage in trying to gain the name for themselves. If we find Apple has taken the IP, I’ll stand corrected.
None of these patent holders had any lowercase “i” in their products before the iMac. Apple started this naming concept for it’s product lines, and other companies want to imply they have Apple’s cool-factor by adding an “i”. These claim hunters have nerve with their version on “i” history. Regardless, it’s a kudos to Apple seeing that almost every tech company has a product with an “i” in front of it (or some obvious derivative), because it awards Apple even more mindshare when other companies can’t think up their own naming strategy.. (bitches)
These claim hunters have nerve with their version on “i” history. None of these patent holders had any lowercase “i” in their products before the iMac. Apple started this naming concept for it’s product lines, and other companies want to imply they have Apple’s “cool-factor” (as it was called a while back) by adding an “i”. Regardless, it’s a kudos to Apple seeing that almost every tech company has a product with an “i” in front of it (or some obvious derivative), because it awards Apple even more mindshare when other companies can’t think up their own naming strategy..
That’s so…. iSad. 🙁
hehe the first one worked. Got an error on that ‘un.
@ t-bone,
Trademarks are a part of company’s intellectual property. Period.
Also, Apple does not own “i”, nor were they the first to use it as a naming scheme, they just happen to be the most successful.
How can you honestly say that Apple is not “committing immoral technical espionage” (a bit harsh, but anyway…)? They have started to market a product/service with a name that has been LEGALLY TRADEMARKED in the US by SOMEONE ELSE!!! Is that not clear enough?
@ MadMac
Who used the “i” naming scheme first before Apple as you mention without a name to give credit .. ? (I really wanna know)
Hey Wha,
“None of these patent holders had any lowercase ‘i’ in their products before the iMac”. Really?!?!?
Time to check your understanding of history (or at least do a Google/Bing search).
@ MacMac
(For now, I’m thinking you’re statement is bs.)
They say they have had Iad since 2006. Yet has anyone ever heard the term Iad until Steve Jobs came out with it and the whole concept?
Easy answer is NO!!!!!
Apple always has a product behind everthing while all the patent leeches only can claim they had a concept, but never a product.
@ John and Edster,
Ever think that there are markets out there other than consumer markets? Just because Joe Blow Sixpack hasn’t heard of something doesn’t mean it’s not a valid trade name. How about the business-business market?
@ MadMac
The iMac trademark was filed for on March 8th, 1993.
to restate:
Who used the “i” naming scheme first before Apple as you mention without a name to give credit .. ? (I really wanna know)
Your turn to do a search.
Try to come up with something of substance.. like perhaps a name to reference rather than a “do a search” quip which is empty and void of insight.
The AP article seems to contain some inaccuracy and a major lack of depth or fact-checking. A quick google search turned up Innovate Media Group, LLC’s trademark: “iAds” (plural), while Apple’s product offering is “iAd” (singular). I’m no attorney, so I have no idea whether the distinction is adequate in trademark law, but stating the fact correctly might be nice. Might that fact be interesting in the article?
It would also be nice if the AP article could at least verify a few of the claims! The plaintiff in the case also claimed that Apple went on to register iadtoday.com, a domain which isn’t associated with Apple at all from what I can tell!
Oh, and one more point, folks: The iMac was released in 1998, the iBook in 1999, the iPod in 2001, and of course a raft of “i” products in the the years that followed. This company trademarked “iAds” in 2007.
Site shows “iAds”, not “iAd’ as registered trademark. http://www.innovatemedia.com/
You can stick an “i” in front of anything and then you wait for someone to actually do something with it, or a similar phrase. Kind of like domain name squatting.
@ Wha,
First of all, the iMac trademark was filed in 1998 by Apple, not 1993 as you claim. Here is a history of where the name came from, http://www.cultofmac.com/20172/20172
Second, I think I stand corrected as I cannot find evidence of the use of “i”whatever prior to the iMac. I had thought there were but cannot back that up so I’ll have to give it to you.
Just as a point of reference:
iMac – 1998
iBook – 1999
iMovie – 1999
iPod – 2001
iTunes – 2001
iPhoto – 2001
iWork – 2005
iPhone – 2007
iPad – 2010
The only “i” I’m aware of (doesn’t mean there aren’t more) that predates all those are the Cisco iPhone, which according to Cisco came from a company acquisition that held the trademark dating back as far as 1996 or 1999 – not sure which. But, it appears unclear whether Cisco took the necessary steps to keep their trademark protection in force.
Thanks MadMac.. this is why Steve Jobs likes editors and doesn’t want the news industry to become a cesspool of bloggers. It could get bad. (already has in many aspects, lol)
@ wha–
“(For now, I’m thinking you’re statement is bs.)”
iBs.
iDon’tCare.
@ ecrabb:
Don’t forget iTools! It was free for life! :/
@ Wha,
To show my shame for mouthing off on just a failed memory, I have forevermore changed my name.
@ iMadMac–
That’s funny! 😀
On the Cisco *blog*
http://blogs.cisco.com/news/comments/update_on_ciscos_iphone_trademark/
I see 1996 for the iPhone Cisco patent like you state ecrabb.
@ TheConfuzed1,
Bah! I forgot about iTools!
IIRC, there was a trademark infringement case of THAT name, too! Some UNIX or Linux developer toolkit or something… Maybe that gave rise to .Mac?!?!? I wonder how far back that other iTools name goes?
iLOL’ed.
I guess Steve Jobs might’ve got the iMac name perhaps when Larry Ellison, in the late 90’s, was on Apple’s board ala the Cisco iPhone? (hehe.)
you can call me iWha (not to be confused with “Aiwa”)
On there WEB site, I don’t see iAd or iAds any were on the site, they do promote there product Innovate ADS for on line advertising not in app advertising. Remember iAd is for in App advertising not in WEB page advertising.
“… and even the name ‘Apple’ were all marks held by third parties…”
Well, fwiw, at the time Apple Computer and Apple Corps were having their last legal go-a-rounds – just before they settled their “differences” – the name “Apple” was being utilized by approximately two hundred other “third parties,” according to a elementary search of business names at a .gov site.
And at the time Apple Computer originally approached Apple Corp about using the name, there were probably a lot more of them.
Although I must say it appears Apple has a policy of “use first and ask permission later.” I suppose it is possible that might work out better for them as a negotiating strategy and financially in the long term.
Has anyone located the claimed trademark in the US Patent and Trademark Office database? I tried the Trademark Electronic Search System (TESS), only to find all “iad” filings except “International Art Diary” labelled “dead.”
I probably just do not know how to search properly, but now I am curious.
But iMadMac is already a trademark …
See here at http://xkcd.com/750/
and here at http://xkcd.com/343/
@MadMac
Kinda missed my point by a mile. Of course developers are a type of customer, I’m one such example. My point is that Apple could call it “Mo’ moneys ad-a-Rama” and it would be irrelevant. It’s just not a consumer facing brand and people who use iapps will never need to see the name of the product/framework. Therefore, who cares about the iAd name. Dump it.
Apple’s greatest brand name is Apple, why not use that wonderful symbol. I’m just so tired of this childish ‘i’ tag on otherwise great products. It somehow cheapens the product’s perceived value in my book. Just retire the iAlready.
Hey Guys, I think a ‘Go Nowhere’ company is in need of some easy money here. There will undoubtedly never be a shortage of the proverbial entrepreneurial opportunists and leeches only too happy to suck a few more $$$$$$$$$$$$$’s out of ‘Apple Inc.’ at any and every opportunity.