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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