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
