Trademark for music icon refused to Apple

In a setback to Apple, it lost an appeal to protect its famous music icon after trademark judges ruled that consumers were likely to confuse it with a mark now owned by MySpace. 

On Tuesday, the Trademark Trial and Appeal Board (TTAB) upheld an examiner’s decision to refuse Apple trademark protection for the famous orange music mark that appears on iPhones and computer screens. It refused on the grounds that it was too similar to another mark:

 According to sources, the mark on the right was issued in 2008 to a music service called iLike which let users download and share music. In 2009, MySpace obtained iLike and shuttered it earlier this year. 

Refusing the contentions of the Applicant, the Board performed a “likelihood of confusion” analysis to conclude that an average consumer would muddle the marks:

"In view of the facts that the marks are similar, the goods and services are related and are encountered by the same classes of consumers, we find that applicant’s double musical note and design for “computer software [..]” is likely to cause confusion with the registered mark comprising a double musical note and design [..] for listening to MP3’s and for sharing MP3’s and music playlists with others".

However, Apple can still appeal against this decision to a federal district court. 

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