PATENT: Microsoft Seeks Patent For Invention that Embeds Advertisements in Operating Systems

Apple, Inc. is seeking patent protection for an invention that would embed advertisements in a device's operating system, with the ability to disable the device until the advertisement is acknowledged. The patent application, bearing serial number 105916, was originally filed on April 18, 2008 and was published on October 22, 2009.

Claim 14 of the patent application states that the invention involves "A computer-implemented method for providing an advertisement in a device, the method comprising: providing an operating system of a device with at least one advertisement, the operating system configured to temporarily disable a function thereof and present the advertisement in the device while the function is disabled; and receiving a report from the device confirming that the advertisement has been presented." Purchasers might be allowed to access and use the operating system at a reduced cost by viewing or listening to the advertisements.

The invention would not be limited to operating systems on personal computers. Paragraph 0031 of the Detailed Description states that the invention could extend to any electronic device, such as "...portable and desktop computers, servers, electronics, media players, game devices, mobile phones, wireless devices, email devices, personal digital assistants (PDAs), embedded devices, televisions, set top boxes, etc."

While the buying public may find the forced viewing of advertisements out of character for Apple and unacceptable to say the least, the idea seems novel, and Apple's potential advertising income no doubt would be astronomical. No word yet on whether Apple actually intends to exploit the invention itself or develop a licensing scheme.

Apple's patent application can be found here.

TRADEMARK: New York City Seeks to Recover "Tavern on the Green" Trademark From Restaurant Operator in Bankrupcty Court

The City of New York recently filed suit against the operator of the famous Tavern on the Green restaurant, claiming ownership of the trademark "Tavern on the Green" and seeking to recover the restaurant's famous name. Tavern on the Green Limited Partnership, the restaurant's operator, filed for bankruptcy in September, 2009 after the City failed to renew the lease for the restaurant. The City alleges the operators fraudulently obtained federal trademark registration in 1981 without the City's knowledge or permission, and the restaurant's operators misled creditors, the public and the bankruptcy court by listing the trademark in the bankruptcy estate. The "Tavern on the Green" trademark is valued at approximately $19 million.

According to the City, the restaurant was originally named in 1934 by then Commissioner of Parks Robert Moses, and the limited partnership did not take over the restaurant's operations or use the famous name until 1973.

The LeRoy family, equity owners of the limited partnership, claims to have owned the famous trademark since 1978. The partnership obtained federal trademark registration for the name in 1981 which became incontestable in 1987. A second federal registration was obtained in 2007 for cooking oils and other products.

The LeRoy family has maintained the lease for the restaurant's location since 1974. The lease expires December 31 of this year. The City selected Dean Poll, owner and operator of the Loeb Boathouse in Central Park, to take over restaurant's operations and granted Poll a 25-year lease commencing January 1, 2010.

See In re: Tavern On The Green Limited Partnership, U.S. Bankruptcy Court, Southern District of New York (Manhattan) Bankruptcy Petition, No 09-15450 and 09-1513.