[NTLK] Newton Trademark

Matthias Melcher mm at matthiasm.com
Thu Feb 28 18:01:33 EST 2013

On 28.02.2013, at 19:01, Terence Griffin <terence.griffin at nist.gov> wrote:

> I just had a thought. It may be way out in left field. If Apple is 
> clearing "Newton" out of their basement, maybe they'd be willing to 
> unload NewtonOS. Then Einstein could be stand-alone, no need to load 
> ROMs off the Newton. If I recall parts NewtOS may be owned by third 
> partys, but maybe those parts can be emulated or something.

OK, here is what my trademark attorney says on using Newton, NewtonOS, or any other Apple Trademark, expired o  r not (I am paraphrasing):

If all Newton Trademarks's expired worldwide (which has to be verified) you can use it. No other Apple product must be involved (iPhone, iPad). So much for the theory.

Apple could still claim parts of the user interface (the horizontal line to separate pages is patented, for example). Even if their claim could not be defended, the pressure alone on you would be sufficient to give in and abandon the project.

The NewtonOS itself is protected and will remain protected for many more decades. It's unrelated to the trademark. Even a rewrite could violate patents as explained earlier.

Apple is know to protect their assets aggressively. They have previously flooded even smallest entities with lawsuits and will do so in the future. 

Or in short: don't!

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