Apple Unable to Trademark Music Icon Because of Myspace

In what has already been a big week for them following Justin Timberlake's new teaser, Myspace makes its way back into the news as they now have become the reason why Apple is unable to trademark their orange music icon. The icon is featured on most iOS devices, but because trademark judges feel that consumers might confuse the logo with one owned by Myspace, Apple's request was denied. The two icons do share similar features, being that both are orange squares that bear a musical eighth note, but differences are seen in the color of the music notes and the angles of the notes.

Apple argued that no one has ever confused the two logos but the Trademark Trial and Appeal Board disagreed and stated:

In view of the facts that the marks are similar, the goods and services are related and are encountered by the same classes of consumers, we find that applicant's double musical note and design for "computer software [..]" is likely to cause confusion with the registered mark comprising a double musical note and design [..] for listening to MP3's and for sharing MP3's and music playlists with others.

We'll be sure to keep an eye for more information on the matter, but feel free to let us know your thoughts on the situation down below.

By: Richard Brooks / News / September 26, 2012 / 2099 Views / Source: Gizmodo
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    AIIIIIIIIIIIIIIIIIIIIIIIGHT!!!!!!! need to do a 10pg end of the semester of paper on an issue that is currently in the courts regarding intellectual property....thanks hypetrak

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  • cold

    trademark isn't worth fighting over

  • Bo Bun

    who knew apple would have to compete with myspace of all things

  • ThisSideSaysUP

    This is just silly.

  • J__S

    Put the two together, it forms an eighth note bridge.

  • Chad

    Wow Apple actually losing or being denied of something in a US court? This is unheard of.