Microware Systems Corp. v. Apple Computer, Inc.

Eighth Circuit

Microware Systems Corp. v. Apple Computer, Inc.

238 F.3d 989, 2001 WL 32755

CourtCourt of Appeals for the Eighth Circuit

DecidedJanuary 16, 2001

DocketNo. 00-2006SI

StatusPublished

Cited by1 cases

This text of 238 F.3d 989 (Microware Systems Corp. v. Apple Computer, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Microware Systems Corp. v. Apple Computer, Inc., 238 F.3d 989, 2001 WL 32755 (8th Cir. 2001).

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Opinion

PER CURIAM.

The plaintiff, Microware Systems Corporation, owns a registered trademark, “OS-9,” on its software products, which are real-time operating systems. The defendant, Apple Computer, Inc., calls the current generation of its personal computer “MAC OS 9.” Microware brought this suit for trademark infringement. The District Court¹ denied Microware’s motion for a preliminary injunction and granted Apple’s motion for summary judgment, holding as a matter of law that Apple had established the defense of fair use.

We affirm. The evidence of confusion was minimal. Microware and Apple sold, for the most part, to entirely different markets. Microware does not claim it lost any sales. “MAC OS 9” accurately describes, in a fashion customary in the industry, the current version of Apple’s product. For the rest, we refer the reader to the able district judge’s full opinion, with which we agree in substance.

Affirmed.

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PER CURIAM.

The plaintiff, Microware Systems Corporation, owns a registered trademark, “OS-9,” on its software products, which are real-time operating systems. The defendant, Apple Computer, Inc., calls the current generation of its personal computer “MAC OS 9.” Microware brought this suit for trademark infringement. The District Court¹ denied Microware’s motion for a preliminary injunction and granted Apple’s motion for summary judgment, holding as a matter of law that Apple had established the defense of fair use.

We affirm. The evidence of confusion was minimal. Microware and Apple sold, for the most part, to entirely different markets. Microware does not claim it lost any sales. “MAC OS 9” accurately describes, in a fashion customary in the industry, the current version of Apple’s product. For the rest, we refer the reader to the able district judge’s full opinion, with which we agree in substance.

Affirmed.

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238 F.3d 989, 2001 WL 32755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/microware-systems-corp-v-apple-computer-inc-ca8-2001.

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