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)

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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.

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