Apple Denied Trademark for Multi-Touch

[Ron Adair]

Only problem is they applied for the trademark before there were any Android phones, tablets, and notebooks. You'd think they would consider that in their decision.

That being said, I agree with the decision. If you don't call a display that is capable of receiving multiple inputs from multiple fingers at once "multitouch," what do you call it? "Multifinger" sounds dirty.

Uhhh—

- "Navigate with your hand"
- "Allows hand gestures for simple navigation and input"
- "Multiple Touch Input"
- "Multiple Touch"
- "Multiple Touch Display"
- "Multi Input Display"
- "Natural Input Display"
- "Hand-nav Display"
- "Multiple Finger Input"
- "Various Input Display"
- "Vari-Input Display"

...and I'm sure a million more that sound way better.

Just because Apple settled on a term that became widely accepted and used, doesn't mean that there are no other terms or phrases that can adequately describe this feature.

And besides, if this is a superior term, this is why Apple wanted to trademark it. The whole purpose of filing for the TM is so they can exclusively claim that particular advantage in their messaging.

 

[Lennholm]

Here's why "multi-touch" can't be trademarked:
If anyone at an electronics expo had mentioned "multi-touch" to you before 2007, would you go "Um, what the heck is that? i can't imagine" or would you simply imagine what it actually is, a touch sensitive surface like we already had but with multiple simultaneous touch points?
I bet you would've imagined just that, I sure did, and "multi-touch" is a description and not a name. Not only is it a descriptive term by its very nature, but Apple wasn't even the first to use it. Just because Apple brought it into the consumer awareness doesn't mean they get to hijack it from the industry where it was a widely accepted descriptive term for decades.

Uhhh—

- "Navigate with your hand"
- "Allows hand gestures for simple navigation and input"
- "Multiple Touch Input"
- "Multiple Touch"
- "Multiple Touch Display"
- "Multi Input Display"
- "Natural Input Display"
- "Hand-nav Display"
- "Multiple Finger Input"
- "Various Input Display"
- "Vari-Input Display"

...and I'm sure a million more that sound way better.

Just because Apple settled on a term that became widely accepted and used, doesn't mean that there are no other terms or phrases that can adequately describe this feature.

And besides, if this is a superior term, this is why Apple wanted to trademark it. The whole purpose of filing for the TM is so they can exclusively claim that particular advantage in their messaging.

Most of your examples doesn't properly describe what it is.
"Multiple touch" is simply the non-abbreviated version of "multi-touch".
"Multi Input" would imply multiple methods of input, not multiple touch points as the one input method.
And come on, do really think it would be feasable for a company to advertise with "Our allows-hand-gestures-for-simple-navigation-and-input-display will let you..."?

 

[kdarling]

...and I'm sure a million more that sound way better.

Yep. Apple even commented in their trademark appeal that other companies had named their UIs and they needed to do so as well.

However, "TouchWiz", "SenseUI", "MotoBlur"... none of those are simple descriptions of the screen type or industry standard phrases.

Just because Apple settled on a term that became widely accepted and used, doesn't mean that there are no other terms or phrases that can adequately describe this feature.

It didn't have to BECOME widely accepted... it had ALREADY been fully accepted and in use for over 25 years in the touch industry as a subtype of input device, simply because it was so descriptive. That's why Jeff Han protested. He didn't want to lose the ability to describe his products in a normal fashion.

Apple's attempt to trademark "multi-touch" was no different than if a car maker had tried to trademark "front-wheel drive" back in the '70s when such cars were just beginning to become popular and the phrase was new to consumers.

 

[Trudy]

It's like when cars started to get fins. Once Cadillac did it, every car did it.

Cadillac invented the modern pedal layout in 1915 with the Type 53, but other cars popularized it.

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Does not change the fact that it is a descript term and you can not trademark that.

Yes, you can. Search through the USPTO's trademark database. It's full of descriptive terms. If "duo-touch" can be trademarked (it is), why not "multi-touch"?

 

[kdarling]

Yes, you can. Search through the USPTO's trademark database. It's full of descriptive terms. If "duo-touch" can be trademarked (it is), why not "multi-touch"?

Well, besides having been in use by touch developers for decades (along with the similar "multi-point"), "multi-touch" is a lot broader term. It was bound to draw protests.

OTOH, if Apple had tried to trademark the very descriptive "Tri-Touch", I bet nobody would've protested. In fact, they'd have been delighted that Apple would create such a limiting name

So now my question is: will Apple's marketing department come up with a more distinctive name for their UI, such as other companies have?

I mean, the PTO is right. When you hear "TouchWiz" or "SenseUI", you know immediately what company's UI we're talking about. Apple tried to use something indistinctive. Now they need to do better.

 

[Trudy]

Here's why "multi-touch" can't be trademarked:
If anyone at an electronics expo had mentioned "multi-touch" to you before 2007, would you go "Um, what the heck is that? i can't imagine" or would you simply imagine what it actually is, a touch sensitive surface like we already had but with multiple simultaneous touch points?

I would have thought of something you can touch in multiple places, for example, being able to draw two lines at a time in a drawing program, or maybe even manipulating objects, like pulling at the edges or anchor points of a photo to manipulate it.

I would not have thought of Apple's multi-touch, with the gestures and swipes. Apple's vision for multi-touch is nothing I would have thought of on a mobile touch screen device.

Of course, Apple's problem now is that they popularized mobile multi-touch and have used the term for four years. It's going to be hard to try to switch to a new name that can be trademarked. It took quite a while just for people to get used to "Bonjour" for zero-config networking after it turns out "Rendezvous" was a little too close to the market of someone else's trademark with that name.

 

[Oletros]

I would not have thought of Apple's multi-touch, with the gestures and swipes. Apple's vision for multi-touch is nothing I would have thought of on a mobile touch screen device.

The problem is that the gestures and swipes and the term was used for a mobile touch screen before Apple presented the iPhone

 

[wikus]

Originally Posted by wikus View Post
99% sure s/he won't have a heart attack. Not sure why you'd question a joke though.

Because it wasn't funny.

I and others would beg to differ;

 

[nutjob]

I and others would beg to differ;

Image

If LTD did have a heart attack, now that would be funny.

 

[AidenShaw]

If LTD did have a heart attack, now that would be funny.

A mild one, of course.