MacBook Air... lawsuit?

[cprofitt]

I am curious if anyone thinks the name used will result in a lawsuit from Nike?

[LaRoza]

I doubt it. They are hardly competing products.

[cprofitt]

I agree they don't compete... but...


The Federal Trademark Dilution Act of 1995 added a dilution statute to the Lanham Act. Dilution can be found whenever a "famous mark" is used by another, "if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark." 15 U.S.C. 1125(c). However, a recent law has made significant changes to the Federal dilution statute. (http://en.wikibooks.org/wiki/US_Trademark_Law#Trademark)

I am not saying that Nike would or will... its also possible that Apple already paid Nike for the use of the trademarked name in their product... if not I would have though Jobs more creative than to 'borrow' from an established name.

I know that Apple has been sued successfully by The Beatles in the past and had to pay so it is more out of curiosity that I posted this than assertion of 'fact'.

[browndruid]

In reference to the Beatles suing them--
That was actually Apple Recording Company suing Apple Computers (Apple recorded for the Beatles). Apple Computers had agreed that they wouldn't sell music, but with the opening of the iTunes music store, that was exactly what they did. Apple Computers should have lost, and then if they had, I'm sure that DRM wouldn't be the tyrant that it is now, and the RIAA wouldn't have so much power. Alas, it does.

The point is, Apple has a tendency to squash little guys (also demonstrated in the switch to Intel chips) and win lawsuits they definitely shouldn't. Against another giant, though, their chances don't look so good.

[elithrar]

Not being in the same industry (not even remotely) makes it difficult for Nike (if they wanted to) file copyright, as the trademark only holds water per-industry.

[cprofitt]

Not being in the same industry (not even remotely) makes it difficult for Nike (if they wanted to) file copyright, as the trademark only holds water per-industry.

The article here - http://en.wikipedia.org/wiki/Apple_Corps_v._Apple_Computer -- shows that trademark doesn't have to be in the same 'industry' -- though eventually Apple Corp lost.

[paintba||er]

I doubt Nike will care, or do anything about it. Especially since they are working together with the whole Nike + iPod thing.

[Raggnarok]

I dont know, recently a movie called the be movie used a phrase it was" Give bees a chance".
A company called Beecuticals, that uses honey to make all kinds of beauty, and skin aids was using that same phrase long before sienfelds movie "The Bee Movie" came out. And the Beecuticals company won the suit and was awarded damages that were undisclosed.
Now I hardly think that skin care products, and the movie biz is in the same industry.

[LaRoza]

I dont know, recently a movie called the be movie used a phrase it was" Give bees a chance".
A company called Beecuticals, that uses honey to make all kinds of beauty, and skin aids was using that same phrase long before sienfelds movie "The Bee Movie" came out. And the Beecuticals company won the suit and was awarded damages that were undisclosed.
Now I hardly think that skin care products, and the movie biz is in the same industry.

I don't think Nike will suffer from this, and probably wouldn't care.

If they did pursue it, it really doesn't matter. I am sure Apple has enough money to cover it, and that they could change it to the iAir.

[browndruid]

I don't think Nike will suffer from this, and probably wouldn't care.

If they did pursue it, it really doesn't matter. I am sure Apple has enough money to cover it, and that they could change it to the iAir.

I'm fairly certain the phrase in question here is the "air", not the "book". I haven't heard of any Nike product with the word "book" in it. Then again, Apple hasn't gotten in trouble over the Airport, which has been around for ages. So with just that, I don't think there's a big problem.

[cprofitt]

I doubt Nike will care, or do anything about it. Especially since they are working together with the whole Nike + iPod thing.

That is why I wonder if they already had a 'deal' or not.

The problem with Trademarks is that you have to 'defend' them or some interloper in the future could come along and the judge could find that you did not actively defend the trademark and thus you would lose the case.

Yeah,... the laws in the US are a bit archaic.

[cprofitt]

I'm fairly certain the phrase in question here is the "air", not the "book". I haven't heard of any Nike product with the word "book" in it. Then again, Apple hasn't gotten in trouble over the Airport, which has been around for ages. So with just that, I don't think there's a big problem.

Yeah...

Airport = one word that is not trademarked

Air may or may not be trademarked by Nike. I have done some digging and it looks to be that they trademarked the Air Max and Air Jordan names from what I can tell.

It would have been stupid for the US to allow the trademarking of the word Air... but then again look at the idiots in Washington.

Was an interesting converstation though...

[CCNA_student]

Why would Nike care exactly?

[p_quarles]

Before Apple entered the music business, Apple Corps' lawsuit against them made very little headway. It was only after Apple started packaging jingles with their OS, and then starting the iTunes music store, that they started having to pay out big settlements.

Since no Apple product could conceivably be properly used as footware, I doubt this is an issue.