Apple Computer Inc. did not infringe Microware Systems Corp.’s incontestable trademark when it selected a name for the newest version of its operating system that incorporated that mark, the U.S. District Court for the Southern District of Iowa ruled March 15 (Microware Systems Corp. v. Apple Computer Inc., S.D. Iowa, No. 4-99-CV-90496, 3/15/00).

Judge Robert W. Pratt, writing for the court, granted summary judgment for Apple, saying that its adoption of the “OS 9″ name was a fair use of the plaintiff’s mark. Pratt also denied the plaintiff’s motion for a preliminary injunction, saying Microware Systems Corp. failed to show a likelihood that it would succeed on the merits of its infringement claim.

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