APPLE COMPUTER WORKS HARD TO EXPAND ITS TRADEMARK PROTECTIONS AND BRANDING FOR THE ICONIC iPOD

On January 8, 2008, the U.S. Patent and Trademark Office granted Apple Computer a trademark for the three-dimensional shape of its iPod media player. Traditionally, trademark protections have applied primarily to names, images, logos, symbols and other two-dimensional aspects of trademarks.

More recently, however, the USPTO has granted non-traditional trademark protection for aspects of products such as color, scent, and shape. An excellent example of this, is the trademark protection provided Yamaha Motor Corp., for the arching water spray that is produced by its jet ski, as David Orozco and James Conley reported May 12, in a Wall Street Journal article on the iPod trademark.

Non-traditional trademark protection is difficult to obtain. Approval for protection, turns on convincing the USPTO that for the consumer, the three-dimensional design component is a key aspect to consumers' recognition of the product.

Accordingly, Apple needed to show that media player consumers, recognize the iPod specifically for its shape. This protection arises from the "likelihood of confusion" analysis, that trademark law embraces.

Trademark protection in this area is particularly important because trademarks can remain in effect in perpetuity, while utility and function patents expire, and may become fair-game for competitors.

In addition, trademark law allows a plaintiff like Apple to not only sue the manufacturer of an infringing product, but also the distributors of the product. This provides an additional deterrence, which may otherwise be ignored by competitors, particularly in the hugely-competitive market of mobile media players.

Here is the David Orozco/James Conley Wall Street Journal article referenced above (Shape of Things to Come) and a short article from engadget with links (Apple trademarks iPod's design).