Fourth Circuit Affirms E.D. Virginia, Upholds Apple's Summary Judgment Victory In "IPAD" Case

In a long-running battle over the mark IPAD. The United States Court of Appeals for the Fourth Circuit affirmed the entry of summary judgment by the U.S. District Court for the Eastern District of Virginia [TTABlogged  here], in favor of Apple on all claims asserted by RxD Media and on all counterclaims asserted by Apple, The appellate court also ruled that the district court did not abuse its discretion in permanently enjoining RxD Media from all uses and variations of the terms "ipad" and "ipod."  RxD Media, LLC v. IP Application Development LLC and Apple, Inc., 2021 USPQ2d 81 (4th Cir. 2021).

The TTAB had dismissed RxD Media's Section 2(d) opposition to Apple's registration of the mark IPAD for various business and computer services, including storage and retrieval of data. RxD Media claimed prior use of the identical mark for "providing temporary use of a web-based software application for mobile-access database management whereby users can store and access