Week 2 Blog 3: Of Trademarks and Men

Since the last lecture covered a few variations of intellectual property, I wanted to look further into a very important subset of IP called trademarks. In essence, the difference between patent law and trademark law is that while patent law protects inventions that are new and useful, trademark law is all about appearance and presentation of what symbolizes the company. Trademarks are used to associate something to the very idea of a certain product. Usually something visual like logos or symbols, they can conjure up inside a consumer's mind the image of a big fat burger as soon as he sees a yellow letter M or a girl in red ponytails. Apparently, you could try licensing non-conventional trademarks such as sounds (jingles) or tastes.

I recently encountered a relevant article about Apple finally trademarking the design of its retail stores. Apple claims the rights to a certain layout like this:

"Rectangular tables arranged in a line in the middle of the store parallel to the walls and extending from the storefront to the back of the store. There is multi-tiered shelving along the side walls, and a oblong table with stools located at the back of the store, set below video screens flush mounted on the back wall."

I'm not sure how this specification would play along in court (assuming Apple starts targeting most retail stores) because quite honestly, all retail stores seemed pretty much the same to me. At least until now. Lawyers might have a hard time arguing over the smallest details to protect their clients. I can understand that Apple has always wanted to lead with its own unique feel and experience for its customers, but at this point I'm wondering if Apple is just getting tired of being the trendsetter and encouraging others to come up with something that will really challenge their designs. Either way, I don't know how much more of these "newest," "innovative," and "state of the art" design and technology I can handle. With so many things changing like the facebook layout and the outraging cries of its users complaining every time, maybe sticking to what they already have may be a good idea, and Apple may need a break from spewing out their so called latest groundbreaking ideas.

http://www.winbeta.org/news/weekend-discussion-apple-trademarks-its-retail-store-design-and-layout-should-microsoft-be