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To clarify, what it basically means is...
First-to-invent means, if five people invent the same thing within a year, and they all file the patent, the first to invent gets the patent. (Others may initially get it, and then it gets invalidated due to the earlier invention existing, and eventually the first to invent gets it.)
First-to-file means, if five people invent the same thing within a year, it depends on who files first. If the first to invent was the first to file, they get it. If a later inventor files first, then they may initially get it, and then their patent gets invalidated due to the earlier invention existing. Nobody gets the patent, the idea is in the public domain.
(That said, a better revocation method for patents would be useful.)
I'm amazed Apple didn't sue the authors of the APL programming language yet [end of joke].
Now, seriously, not so much ago Apple sued and destroyed webstore which sells groceries, based in Poland. Why, you may ask? well, the name of this store was "A". Nothing weird, huh? Well, the rest of the "name" - as the Apple lawyers thought - was the polish domain, which is "pl", so all in all the name goes as follow: a.pl.
Oddly enough they managed to destroy this innocent business with their rediculous claims. Shame on you all, Apple, Apple workers, lawyers, american law system and americans! SHAME.ON.YOU. This name was not even corelated with Apple in ANY way.
First off I'd like to say I don't agree with Apple on this.
But... the suit isn't about the domain name a.pl, it's about a logo on fresh24.pl, which is owned by a.pl. Nor has a.pl (or fresh24.pl) been "destroyed".
The worse that can happen is that they need another logo, but since this logo looks more like an apple than an Apple and they don't sell tech I doubt they'll lose.
Well, that's not quite true. A.pl may have some problems related to their own business, but this lawsuit didn't help them a bit.
Besides - the problem remains. Is that even remotely similar to the original Apple logo?
http://fresh24.pl/Images/logo.png
And - is "A.pl" even remotely similar to Apple?
No and no. There's something deeply wrong with US law which allows such claims.



