Tablets – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Tablets in the Workplace: Should Microsoft be Afraid of Apple? https://legacy.lawstreetmedia.com/blogs/technology-blog/tablets-workplace-microsoft-afraid-apple/ https://legacy.lawstreetmedia.com/blogs/technology-blog/tablets-workplace-microsoft-afraid-apple/#comments Thu, 17 Jul 2014 10:31:17 +0000 http://lawstreetmedia.wpengine.com/?p=19547

Exciting news is coming from the Apple camp. In an attempt to move into the business enterprise market, Apple has announced it will team up with IBM to create business apps for iPads and iPhones. As an owner of a Surface Pro and an iPhone, all I can say is that I'm excited to see the innovation that comes out of this new competition.

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Exciting news is coming from the Apple camp. In an attempt to move into the business enterprise market,  Apple has announced it will team up with International Business Machines Corp. (IBM) to create business apps for iPads and iPhones. It’s no secret that Microsoft has cornered the enterprise market for decades, representing as much as 92 percent of it; however, with Microsoft’s successful efforts to transform its devices and services with the release of the Surface RT and Surface Pro tablets, we shouldn’t be surprised that Apple wants to move in on the enterprise turf. As an owner of a Surface Pro and an iPhone, all I can say is that I’m excited to see the innovation that comes out of this new competition.

The folks at Microsoft have to be a little nervous. Apple has a huge following of dedicated consumers who are all too eager to get their hands on the next new device and software developed by the tech giant. Apple’s genius really is found in its ability to cultivate repeat customers due to proprietary practices. By allowing all Apple products to connect with each other, in addition to their exclusivity as it concerns software, its following grows and customer retention remains high.  Apple is essentially the Pringles of tech devices. You don’t stop after buying one, you get them all and have them communicate with each other. This level of integration is crucial. If the Apple/IBM partnership fairs well in the development of business software, there’s nothing stopping companies from also purchasing Apple computers to have the complete trifecta of phone, tablet, and computer integration. If Apple users can combine their business and personal lives through the exclusive use of Apple devices, what will happen to Microsoft?

Unfortunately, I’m not an oracle and therefore can’t predict how this will affect Microsoft, but I do know that the incorporation of tablets in the workplace will continue to increase over the next three years. I also know that the iPad currently makes up 91 percent of all tablet activations in the enterprise market.  An August 2013 report conducted by Forrestor Research found that by 2017 nearly one in five tablets will be purchased directly by companies. Some key reasons for the trend are better work functionality, quick accessibility to information, and the device’s use for business presentations. These conveniences are only amplified by the ability to have phones integrated with tablets. Many companies are already seeing the value of tablets in the workplace and in some cases implementing BYOD (bring your own device); however, the use of personal devices does create security concerns.

Now this is where the magic happens for Apple: companies are already promoting the use of tablets. In addition, having integrated tablet and mobile devices allows for constant connection and the ability to manage multi-platforms of integrated business data.  Apple already has the device and integrated system established.  All it needs is the security, big data, and analytics capabilities that businesses want, which is why its partnership with IBM is important.  According to Apple, IBM has the world’s deepest portfolio in Big Data and Analytics. Hence the beautiful marriage of IBM and Apple. This pairing will produce more than 100 industry-specific business solutions. High customer retention, an integrated system for all Apple devices, a partnership with the world’s leading big data and analytics corporation. A market for tablets in the workplace could mean trouble for Microsoft’s enterprise market.

Good luck to all involved, and let the innovation commence.

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Teerah Goodrum (@AisleNotes), is a recent Graduate of Howard University with a Masters degree in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football.

Featured image courtesy of [Leon Lee via Flickr]

Teerah Goodrum
Teerah Goodrum is a Graduate of Howard University with a Masters degree in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football. Contact Teerah at staff@LawStreetMedia.com.

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Trade Dress Naughtiness: Why Some of Santa’s Elves May Not Make ‘The List’ https://legacy.lawstreetmedia.com/blogs/ip-copyright/trade-dress-naughtiness-why-some-of-santas-elves-may-not-make-the-list/ https://legacy.lawstreetmedia.com/blogs/ip-copyright/trade-dress-naughtiness-why-some-of-santas-elves-may-not-make-the-list/#respond Thu, 05 Dec 2013 11:30:04 +0000 http://lawstreetmedia.wpengine.com/?p=9323

Let’s talk toys. In the trade dress community, there appears to be some naughtiness afoot. Here’s the nitty-gritty on trade dress: it’s the law covering a product’s shape, color, design, texture, and even how it’s packaged and presented. If a competitor makes a product that is sufficiently similar to these attributes of another product so as […]

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Let’s talk toys. In the trade dress community, there appears to be some naughtiness afoot. Here’s the nitty-gritty on trade dress: it’s the law covering a product’s shape, color, design, texture, and even how it’s packaged and presented. If a competitor makes a product that is sufficiently similar to these attributes of another product so as to cause consumer confusion — BAM! Trade dress infringement.

 

Fuhu Inc., a company that specializes in child technology, is bringing suit against IdeaUSA for infringing on the trade dress of its tablets. The California-based company claims that IdeaUSA mimicked the “butterfly shape” of Fuhu’s “Nabi” tablet for their similar product, IdeaPlay. As further indication of the butterfly theme, Fuhu named their tablet Nabi because it means butterfly in Korean. So clearly, the butterfly-idea-shape-thing was taken, but did that stop IdeaUSA?

Due to licensing formalities, I can’t reproduce images of the two tablets, but click these two links for the visual –> the Nabi tablet and the IdeaPlay.  By utilizing soft edges and elongated corners, Fuhu created a product that contains the technology to which our generation’s children should be exposed, with their trademarked “Drop Safe” bumper to protect the tablet from realistic experiences. The design is brilliant. Easy to grasp. Resistant to shatter. However, this brilliance gave the infringing version equal shine because they are the SAME physical product.

Fuhu claims that consumers will likely be confused as to the source of IdeaPlay because of the very apparent similarities between the two products. Well, of course. YES. The IdeaPlay is nothing short of a knockoff. It isn’t difficult to grasp why IdeaUSA would want to copy (notwithstanding the fact that it’s illegal) the exact makeup of Fuhu’s kiddie tablet. The Nabi has nabbed more than $118 million in revenue, amounting to a glorious growth of 42,148% in just three years. (WHY DIDN’T I CREATE THIS?!) I say all of this to make the following point: to win a trade dress case, the makeup of your product needs to be distinct or well known by the public. The cute round edges of this children’s tablet are what make it work, and this design is clearly favored by consumers.

While the Nabi tablet ranges from $100 for the kindergarten version to $290 for the preteens-early-adolescents rendition, IdeaPlay is currently selling on Amazon for a solid $129. Welp. I know which gift would be bought in my household this Christmas season. And for a product that looks almost identical to its legitimate, though more pricey, counterpart? Why not? From an intellectual property standpoint, this is deliberate theft. Fuhu is rightfully seeking punitive damages here. IdeaUSA intentionally sought to capitalize off of the financial gain generated by the Nabi. Fuhu’s design was placed on the market first. The only visible difference between the two products is that the IdeaPlay has its camera placed on the boundary of the tablet, as opposed to being affixed to the touch screen like the Nabi.

This brings me back to the Victoria’s Secret case I covered a few weeks ago. There is the same blatant intellectual property theft occurring in both cases. Which brings me to my next question -why are businesses disregarding trademark law? Definitely a topic worthy of some coverage. It’s starting to seem as though the Lanham Act carries no weight, or at least not enough to deter competitors from swiping phrases and designs every week.

Gena.

Featured image courtesy of [LadyDragonflyCC – >;< via Flickr]

Gena Thomas
Gena Thomas, a recent graduate of Howard University School of Law, was born and raised in Lafayette, Louisiana. A graduate of The University of Texas at Austin, she enjoys watching scary movies and acquiring calories from chocolates of all sorts. Contact Gena at staff@LawStreetMedia.com.

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