The Court’s Decision
U.S. District Judge Leonie Brinkema issued a 20-page memorandum opinion siding with Apple on all substantive points.
“Although the term ‘Reality’ is likely descriptive of augmented reality software to the consumers to whom Apple advertises this product, the term stretches beyond its descriptive meaning when combined with ‘composer’ and ‘converter.’” — Judge Leonie Brinkema
The court found that Apple’s marks are suggestive because they require imagination to connect with the software’s functions. Even if they were descriptive, Apple provided overwhelming evidence that the marks have acquired secondary meaning:
- Five years of substantially exclusive and continuous use in commerce, which under 15 U.S.C. § 1052(f) is prima facie evidence of secondary meaning.
- Widespread media coverage linking the marks directly to Apple.
- Millions of downloads for Reality Composer and tens of thousands for Reality Converter.
- High consumer recognition across online platforms such as Reddit and Stack Overflow, where the terms are almost exclusively used in reference to Apple.
Implications for the Tech Industry
This ruling could influence how courts and trademark authorities assess the registrability of technology-related marks that combine descriptive elements in novel ways. It underscores that:
