Posted in music | technology on September 27, 2012

music notes

Oh no! PC Magazine reports:

Social network Myspace is back, and it's honing in on Apple's territory.

As noted by GigaOm, trademark judges last week denied Cupertino's attempt to protect its music app image, saying that users might confuse it with the mark already owned by Myspace.

In a Sept. 18 decision, the Trademark Trial and Appeal Board (TTAB) upheld a previous decision denying Apple its requested trademark (left). The rival orange-and-white square music-note icon was issued in 2008 to music service iLike, which was later acquired by Myspace.

Apple argued that the registered mark is "weak," pointing to eight other organizations that have obtained trademarks with music notes without any consumer confusion.

The TTAB dismissed the argument, saying that the Apple and Myspace marks are more similar to each other than the third-party registrations Cupertino submitted to the court. "Moreover, consumers may not recognize the differences because they do not typically set out to find them," the decision said.

Does Apple's icon confuse you? Do you think MySpace will make a comeback?

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Comments (26)

No.

Posted by Anonymous | September 27, 2012 2:50 PM

How can you possibly cry copyright infringement on such a generic image?

Posted by Anonymous | September 27, 2012 2:51 PM

The apps on my iPhone sort of look like my Top 16 on Myspace.

Posted by Anonymous | September 27, 2012 2:52 PM

Ha. Apple is talking about "weak" trademarks? Pot. Kettle. Black.

Too bad cancer-boy is no longer around to see his company get screwed.

Posted by Anonymous | September 27, 2012 2:53 PM

@2:51 - You can't, but you can deny trademark protection... which is what this says. Me know. English am tough.

Posted by Anonymous | September 27, 2012 2:54 PM

@2:53... Come on, dude. Really?

Posted by Anonymous | September 27, 2012 2:57 PM

having seen the myspace promo video, it surely will be a force to reckon with again.

and i'm sure even the jaded here can agree facebook has been nearing an orwellian level of privacy invasion.

take the 2 min and watch the trailer video thing and try not to be impressed.


as for the logo thing? i'm for apple changing it.
just go back to itunes - not sure why they changed it anyway.

Posted by Anonymous | September 27, 2012 3:01 PM

Beaver - great questions. You cannot get any more banal. Oh, but loved the two Twin Shadow posts. I totally got the joke.

Posted by Tiger Balm | September 27, 2012 3:06 PM

Watching Myspace try to make a comeback is embarrassing. Every social network has it's day in the sun, then it fades away. Let it die.

Posted by Anonymous | September 27, 2012 3:16 PM

Does Apple's icon confuse you? Do you think MySpace will make a comeback? Is this Hipster Runoff circa-2010?

Posted by Anonymous | September 27, 2012 3:31 PM

3.01pm: yes, a force to reckon with... if you're a Justin Bieber fan.

Posted by Anonymous | September 27, 2012 3:46 PM

Rooting for MySpace just to fuck w/Apple.

Posted by Anonymous | September 27, 2012 3:50 PM

how the fuck can anyone own a music note symbol? Im buying the STOP SIGN and someone is paying me for everytime a driver has to read it.

Posted by Anonymous | September 27, 2012 3:58 PM

This is like trying to copyright rounded corners.

Posted by Anonymous | September 27, 2012 4:05 PM

Tom is pissed.

Posted by Anonymous | September 27, 2012 4:15 PM

4:05 - it's trademark, not copyright. stop commenting on that which you do not understand....

Posted by Anonymous | September 27, 2012 4:16 PM

I prefer Freindster. The OG social network.

Posted by Anonymous | September 27, 2012 4:17 PM

white people.

Posted by Anonymous | September 27, 2012 4:30 PM

I may be white, but I do enjoy an occasional grape soda.

Posted by Anonymous | September 27, 2012 4:46 PM

Nice to see this site moderates comments like that.

I used to let racist comments like that get to me, but we live in a country that elected a black president.

So that shows there are more good people here who don't act like close minded immature redneck wastes of life.

Posted by Bruce | September 27, 2012 5:52 PM

The only winners here are shitstain lawyers. We all lose.

Posted by Anonymous | September 27, 2012 8:19 PM

grandloves

Posted by Anonymous | September 28, 2012 7:23 AM

They will lose.

Posted by i | September 28, 2012 10:51 AM

This site sure missed moderating the Dickface who called jobs " cancer boy" what a fucking loser.

Posted by Henry Quiara | October 14, 2012 2:57 PM

Hope they come back around for a non-festival show. The Church of St Paul the Apostle show a year or 2 ago was phenomenal.

Posted by Games 2013 | November 25, 2012 4:41 AM

This is happens more now because of the internet. I think more companies argue over trademarks now more than ever before. They are somewhat similar but it is funny that a universal symbol like a music note can be trademarked.

Posted by dsl | April 21, 2013 12:50 AM

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