United States TTAB Denies Summary Judgement in IPAD Service Mark Proceeding

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On September 14, 2016, the United States Trademark Trial and Appeal Board denied a motion for summary judgment filed by IP Application Development, LLC, a wholly-owned subsidiary of Apple, Inc. that licenses the IPAD trademark to Apple, regarding RXD’s rights in its IPAD Service Mark.

On September 14, 2016, the United States Trademark Trial and Appeal Board denied a motion for summary judgment filed by IP Application Development, LLC, a wholly-owned subsidiary of Apple, Inc. that licenses the IPAD trademark to Apple, regarding RXD’s rights in its IPAD Service Mark. As noted in the Board's decisions, IP Application filed two applications to register the mark IPAD for various services, and sought to have the Board declare that RXD has no proprietary rights in its IPAD mark for the services described in RXD's trademark application. “According to the Board’s decision, ‘at minimum’ RXD has presented a genuine issue regarding its claim of proprietary rights in the IPAD Service Mark.” To view and follow the USPTO proceedings of Opposition number 91207333 go to: http://ttabvue.uspto.gov/ttabvue/v?pno=91207333&pty=OPP

“I was glad to see that the TTAB acknowledged our story, which we look forward to telling in more detail as the opposition moves forward. We have always believed that there is a difference between our cloud based storage services, in which we are the first and to our knowledge only one to use the IPAD brand, and their tablet/device,” said RXD Managing Partner Keith Clements. “After being held up for years we finally have the ability to run our business and grow.”

RXD Media was founded in 2006 by Brian Clements, and in 2007 launched its pioneering Mobile Web Application that allows people to sync their information remotely with any device. RXD adopted the brand “IPAD” for its revolutionary services in the summer of 2007, three years prior to the announcement of the tablet computer device by Apple, and in the fall of 2007, began offering an online subscription system that allows subscribers to store personal information digitally for retrieval on various mobile computer devices. RXD offered and continues to offer its IPAD brand services through a web portal accessible at http://www.ipad.mobi (the “IPAD Web Portal”).

RXD will soon be rolling out its latest developments. A preview of those developments can be seen at http://www.ipadtoday.com.

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Keith Clements