RXD Media, LLC v. IP Application Development LLC et al

Filing 103

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 3/27/2019. (aott)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

RXD MEDIA,LLC,

Plainlijf,
Case No. I:18-cv-486

V.

IP APPLICATION DEVELOPMENT ET AL.

Defendants.

MEMORANDUM OPINION

This matter comes before the Court on Plaintiff and Defendants' cross-motions for

summary judgment. For the following reasons. Defendants' motion for summary judgment is
granted. Plaintiffs motion for partial summary judgment is denied.
I. Background

A. The Parties, Mark, Applications, and Registrations at Issue
At issue in this trademark case is the use of the IPAD mark in commerce. Plaintiff is

RXD Media. RXD launched its website, ipad.mobi, in 2007. According to RXD,ipad.mobi was
meant to be an online platform primarily for notetaking. In 2016 RXD relaunched its website as

ipadtoday.com. Ipadtoday.eom offers a wider array of services than ipad.mobi. Instead of simply
being a notetaking platform it is a mobile notes and cloud storage site. Defendants are IP App

and Apple. Apple is the technological titan founded by Steve Jobs. IP App is a subsidiary Apple
used to apply for trademarks. Both Plaintiff and Defendants claim to have priority in the rights to
use the IPAD mark in commerce.