According to MacRumors, the decision made by the Trademark Trial and Appeal Board at the USPTO because the term multitouch has taken on a second, more generic meaning (sorta like Aspirin and Thermos). Specifically the trademark attorney said:
Thus, from the foregoing, we find that “multi-touch” not only identifies the technology, but also describes how a user of the goods operates the device. Based on the evidence discussed above, as well as other evidence in the record, we agree with the examining attorney that MULTI-TOUCH indeed is highly descriptive of a feature of the identified goods. We now consider whether applicant has submitted sufficient evidence to establish acquired distinctiveness of this highly descriptive term.
Apple originally applied for the trademark on January 9, 2007. MacRumors has posted the full decision on Scribd. [Scribd via MacRumors]
Stew
Tuesday, September 27, 2011 at 10:35 AMOh no. Poor them. How unfortunate that they can’t stifle & choke the progress of future technological developments through endless litigation.
Rob
Tuesday, September 27, 2011 at 1:48 PMWell Said. :D
Osiris Fox
Tuesday, September 27, 2011 at 11:25 AMA WIN for Mankind!
Nads
Tuesday, September 27, 2011 at 11:29 AMStew, you don’t know what you’re talking about.
Trademark means no one else in similar industries can use the term “Multi-touch”.
KFC cant use the phrase “I’m Lovin’ it”
Doesn’t mean MCDonalds is stifling fried chicken innovation.
This has nothing to do with the various multi-touch patents which Apple does have on the ‘Technology’, it just means other brands can use the term “multi-touch”.
AnthonyP
Tuesday, September 27, 2011 at 11:44 AMNads,
I think you need to understand the difference between Patent and Trademark.
Just This Guy ...
Tuesday, September 27, 2011 at 1:07 PMNah, I think Nad’s is on the money.
I think poor ol Stew has missed an important distinction.
If Apple had succeeded, it would have had no effect on the technology, just the what other manufacturers could refer to it as.
Stew
Tuesday, September 27, 2011 at 4:41 PMWhoops yep – I read “Trademark” but my brain interpreted “Patent”. My bad.
But with the recent spate of “Apple vs The World”, who can blame me?
With tall poppy syndrome in full swing, I guess I like seeing Apple eating humble pie every once in a while. I mean come on – they sued Woolworths because they thought their logo was too Apple-esque!
Apollo
Tuesday, September 27, 2011 at 1:04 PMif apple had patented this, noone ANYWHERE would be able to use Multi-touch based screens. if they Trademarked “multi-touch” noone would be able to call their technology by that name.
Very strong difference.
It’d mean that all handsets that arent apple arent able to have capacitive touch. Ever.
Caesar Wong
Tuesday, September 27, 2011 at 1:10 PMWould this be a case where bureaucracy has ended up being beneficial, since in the time it took to examine the case the term entered into the vernacular? Or did it happen over a much shorter time frame?
Joy
Tuesday, September 27, 2011 at 7:52 PMAh i am looking for the “Like” button or the google 1+ :D
Peter
Wednesday, September 28, 2011 at 1:11 AMlol