Evenyone seems to think only REGISTERED TM's mean anything. If they even had the unregistered "TM" claim behind the phrase on their website or product packaging before you registered they may have a valid claim. If unregistered and unapplied for TM, however, they would need to prove that claim putting the burden of proof on them...
I personally do not think they will get this to go through for example here is a video that uses the term from back in early 2006 http://www.ted.com/index.php/talks/view/id/65 and as he says "Multi Touch Sensing isn't completely new people like Bill Buxton have been playing around with it since the eighties" (his words).
I believe there will be a lot of objections to this attempt at a trademark...
Awesome...last week I registered MultiPointInput.com which imho is a perfect generic alternative to multitouch.
I may have to quickly make a site and protect my rights to the domain now.
This is great news...ty...rep added.
As for your legal questions..was their TM registration for wordmark?..
Word Mark MULTI-TOUCH.
Goods and Services IC 009. US 021 023 026 036 038. G & S: Handheld mobile digital electronic devices with electronic mail, digital data transmission, audio player, video player, handheld computer, personal digital assistant, electronic organizer, electronic notepad, telephone, computer gaming, and camera functions, and computer software for use with such devices.
Standard Characters Claimed.
Mark Drawing Code (4) STANDARD CHARACTER MARK.
Design Search Code.
Serial Number 77219819.
Filing Date June 30, 2007.
Current Filing Basis 1B;44D.
Original Filing Basis 1B;44D.
Owner (APPLICANT) Apple Inc. CORPORATION CALIFORNIA 1 Infinite Loop Cupertino CALIFORNIA 95014.
Attorney of Record Thomas R. La Perle.
Priority Date January 2, 2007.
Type of Mark TRADEMARK.
Live/Dead Indicator LIVE.
I did register my names before they registered for the trademark. And as I said, Microsoft and Jeff Han are marketing products using the multi touch name...
If they (being apple) are successful, does anyone know what would be the status of my names??? Would it still be possible for me to run my multi touch sites highlighting the works of others?.
Thanks everybody, I really appreciate your insights...
"I did register my names before they registered for the trademark.".
I would bet the name of their product was around before you registered the domains.
Found this back in Jan 2007 http://www.billbuxton.com/multitouchOverview.html.
THe battle would be, is this a product brand, or is this descriptive? If I was you, develop the names using it in the descriptive sense and not the brand sense. Cause MS can easily prove "multi touch" was out there before you registered the names...
Multi Touch is definitely a feature and not a brand... the brand in this case would be the microsoft surface computer and or the apple iphone.....
"Multi Touch is definitely a feature".
Could easily be considered a TM then.....
I love my:.
They were reg'd on 2 July 07.
There is one Multitouch Panels .com for $2000 in Sedo Auction (sold 7/13).
And several other Multitouch names are already listed with sedo.
What do you suggest me to do..
I don't think MS calls it multi-touch though. Seems I saw it called something like multipoint gestures in the MS surface video...
Well looks like apple likes to register pre existing trademarks for diff classes.
Screw everyone else - they'll buy them off..
Why not itouch or mactouch? I think 'multi' will be assumed and taken for granted very fast...
Is it safe to say that as long as my domain doesnt represent any of the things mention in the filing that I am ok?.
"Handheld mobile digital electronic devices with electronic mail, digital data transmission, audio player, video player, handheld computer, personal digital assistant, electronic organizer, electronic notepad, telephone, computer gaming, and camera functions, and computer software for use with such devices"..
Hello Everyone! Before I put in my 2cent worth on this, I will state: I AM NOT A LAWYER. Having said that...
I believe that if you truly have a vested interest in this domain or related domains, it would be in your best interest to file an objection to the trademarking of this word. It is quite possible that this will be thrown out due to the fact it is a generic word and there have been previous uses on various technologies describing this feature. However, it is always good to file those objections ahead of schedule and show ample documentation of these uses of the generic term, including dictionary references. If you run a google search on the term you will notice that lots of people use this term generically, in fact as I am searching this term, I found over 3,060,000 entries. A lawyer would most definitely be of great help to you through this process.
Additional Note: An opposition filing takes place during the trademark registration process. While, a petition for cancellation is done once the trademark has been awarded.
Their is a specific format that must be followed when filing opposition documents. Here is the proper structure for these... http://www.uspto.gov/web/forms/oppositionformat.pdf.
Also, there is a fee charged for filing an opposition. I am unsure of the exact fee. However, I believe I read somewhere it was around $300USD. If you consult a lawyer: you will be looking at attorney's fee + the opposition fee. Anyways, best of luck...
Well, if this can be worked out who is going to take the initiative? How about the Internet Commerce Association? JMO...
This isn't a matter for an organisation such as DNOA nor ICA. Why would it be up to such an organisation to keep an eye on trademarks and to spend their money opposing them.
It is up to the people who oppose it to go about the process and no one else...
The people here are domainers. Living all around the world, scattered.
I thought that ICA was the united voice of domainers, so my suggestion.
Anyways, I might be wrong...
I saw jobs say that "he" calls the motion "surfacing." is he on the prowl for that one too. even with microsoft's surface coming out?..
The failure of the idiotic courts in recent years to REFUSE generic descriptive terms for TMs will be the downfall of many domains and lead to mass confusion. (It's already started.) I mean one of the black-robers even let one of 'em get away with TMing "chocolate," fer gad's sake!.
As to your "multi-touch" or "works in a drawer" or "tastes great - less filling," they've also given the nod to such things, which just a few years ago would have been thrown out as being mere "slogans," and not TMable products or company names. But increasingly, just about EVERYTHING seems to be up for grabs now.
Bottom line: a whole lotta judges done got paid off by the big old boys network in the smoke-filled rooms...
Out of interest; HP are going for TM 'TouchSmart' - Filing Date June 4, 2007 ( a few days after the MS Surface press release )..