Cognate's Trademark Blog

Who’d Have Known it – Steve Jobs is Italian !

Rather an oversight by Apple not to register, the name, Steve Jobs. And now that lack of aforethought has come and bitten them on the proverbial.

 

The Fashion Law blog tells us why.

Naples-based Barbatos have been battling Cupertino, California-based Apple since the tech giant first attacked their trademark in May 2012, arguing that the “Steve Jobs” trademark asserted in the their application should not be granted registration with the EUTM, as it gave rise to a “likelihood of confusion, unfair advantage/detriment to distinctiveness or repute [of an] earlier non-registered trademark.”

Ahead of formally registering the Barbatos’ mark in June 2014, the EUTM sided with the brothers, rejecting Apple’s opposition “in its entirety.”

As for whether this is the end-all be-all ruling when it comes to the Steve Jobs trademark, there is a chance that there is litigation in the Barbatos’ future by way of the estate of Steve Jobs, which very well may file suit based on the fact that Italy grants rights to an individual (or his estate in a post-mortem instance) in connection with the use of his name and likeness.

Source:  http://www.thefashionlaw.com/home/the-steve-jobs-trademark-battle-in-italy-ends-in-a-loss-for-apple

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