On January 27, 2016 Scott Slavick's article, "Apples Goods Come to Grief at TTAB," was published on InsideCounsel.com.
Apple's User Manuals Not Goods in Trade, Says TTAB
"What is being offered for sale?" is the fundamental question the TTAB asks in determining whether subject matter is "goods in trade" and is therefore eligible for trademark protection. In In re Apple, Inc., the Board affirmed the USPTO's refusal to register Apple's iPod trademark for use in connection with printed materials "sold or distributed in connection with handheld mobile digital media devices," on the ground that Apple's specimens of use—its user manuals—were provided to customers incidentally.
In his latest article for InsideCounsel.com, Brinks' Scott Slavick argues that the Board's finding that user manuals have no "independent value" is incorrect: used electronic goods sold online ordinarily sell for more money if the user manual is included, and user manuals are often sold separately on eBay as replacements for lost user manuals.
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