CNET is reporting that a New York book publisher,J.T. Colby and Co. has filed a lawsuit in New York against Apple Inc claiming that Apple's use of the mark iBOOK infringes the claimant's trademark.They claim injunctive relief and damages.
One notes that this is the second trademark infringement case filed against Apple in less than a week. Probably not fortuitous. More the result of Apple's obsession with wanting to dominate the tech market by seeking to monopolise the use of"i"prefix marks. Given the evident strength of this ambition one further expresses the view that it is more than likely that Apple is aware of any potential trademark claim like this long before it materialises if it has done the usual common law and global searches that usually precede the any such trademark registration programme.
The claimant asserts that the iBOOK trademark was acquired in 2006 and 2007 along with various assets of Byron Preiss, who had published more than 1,000 books under the "ibooks" brand starting in 1999.
Whilst Apple has a trademark registration for "iBook" for its Macmaker PC it is alleged that it did not begin to use the term iBOOK to describe electronic books until 2010. Colby alleges that Apple's use of iBOOK' for the electronic library that can be accessed via the iPAD will extinguish the goodwill of plaintiff's 'ibooks' and 'ipicturebooks' marks.
A search of the U.S. Patent and Trademark Office reveals an ibook record for science fiction books was filed in 1999 but listed as abandoned in 2003. Apple apparently filed a trademark registration for iBOOK in 2010 for "software for reading electronic publications on digital electronic devices."
The claim follows last week's lawsuit by Arizona company iCloud Communications, alleging infringement by Apple of its "iCLOUD" trademark registration
It seems that Apple cannot iMOVE for iLAWSUITS claiming iTRADEMARK infringement.
iWONDER what the next one will be.