7 days ago
Apple wins US court ruling to allow 'Reality' software trademarks
Aug 4 (Reuters) - A Virginia federal judge has ordered the U.S. Patent and Trademark Office to award Apple (AAPL.O), opens new tab federal trademarks covering its augmented reality software-development tools "Reality Composer" and "Reality Converter."
U.S. District Judge Leonie Brinkema said on Friday, opens new tab that the two phrases were distinctive enough to merit trademark protection, reversing a USPTO decision that the phrases could not be trademarked.
A spokesperson for the USPTO declined to comment on the decision. Spokespeople for Apple did not immediately respond to a request for comment.
Apple's Reality Composer and Reality Converter enable developers to create and edit 3D augmented-reality content for the company's apps. That content is compatible with Apple devices including the Vision Pro mixed-reality headset.
Turkish visual-effects company Zero Density challenged Apple's applications for federal trademarks covering the two phrases at the USPTO, arguing that they were not entitled to trademark protection because they merely describe the software's function. Zero Density also said Apple's trademarks would cause confusion with its own "Reality"-related marks.
A USPTO tribunal agreed with Zero Density in 2023 that Apple's marks were too descriptive to receive trademark protection. Apple sued last year to overturn the decision, arguing its phrases were unique "made-up terms" that "do not describe the underlying software development tools."
Brinkema agreed with Apple and overturned the USPTO's decision on Friday.
"Although the term 'Reality' is likely descriptive of augmented reality software to the consumers to whom Apple advertises this product, the term stretches beyond its descriptive meaning when combined with 'composer' and 'converter,'" Brinkema said.
Zero Density's attorney Jeffrey Greger said the decision was "a win-win" and should allow Zero Density to fend off separate Apple challenges to its "Reality" trademarks at the USPTO on the same grounds.
The case is Apple Inc v. Zero Density Yazilim Anonim Sirketi, U.S. District Court for the Eastern District of Virginia, No. 1:24-cv-00284.
For Apple: Dale Cendali and Mary Mazzello of Kirkland & Ellis
For ZeroDensity: Jeffrey Greger
Read more:
Apple sues to win trademarks for augmented-reality software
