Bomgar, whose productivity software is “used by 41 of the 50 U.S. State Governments” according to their site, filed for an App Icon Trademark SN 85251485 on February 25, 2011. The Marks’ description covering their services may be for an App Icon. although The mark depicts an orange square with a white “B”, as seen below:
While this image is the company’s favicon, the only App they have available on iTunes looks like this:
In an App world where “B” can mean just about anything, it is naïve to believe that the Trademark as filed will infallibly protect the actual iTunes App Icon. The fact that the color schemes are inconsistent between the Mark and the Icon are superb fodder for an infringer, who may bring out an Icon with a similar-looking “B”, but with a different color scheme.
Could this be a result of a failure to communicate between the legal and IT departments? This lesson shows the importance of consistency: make a plan and stick to it.
