Does iPod nano Infringe on Creatives Zen Nano Plus?
There is a debate on whether Apple’s iPod Nano infringes on Creative’s Zen Nano Plus. According to Apple haters (I kid) – the Creative Zen Nano Plus launched before the iPod Nano, it’s a flash-based player – the iPod Nano is a flash-based player, the Creative Zen Nano Plus is available in black or white – the iPod Nano is available in black or white – so the iPod Nano totally copied from Creative the Zen Nano Plus According to the register, a Creative spokesman acknowledged Apple’s use of the Nano name long after the Zen’s arrival, and confirmed that the company’s legal department was also aware of the matter. However, he would not comment on any action Creative may or may not take. Louis D. Brandeis School of Law professor Lars Smith told The Mac Observer that, while Apple’s use of the word “nano” after Creative had already established it in the marketplace may seem like infringement, such a claim requires a multi-factored test by a court, which includes comparing the marks’ look (“Ze
