Slashdot Mirror
The Apple Name Game
Apple Core sent a link to an article running in Australia about Apple fighting for their name with some little telco called Apple Communications. Well, they were called that. Now they are Green.
← Back to Stories (view on slashdot.org)
In Europe, there's also a telecomm company by the name of Orange. It appears their first selection of Apple Communications was the opposite of Orange, and now their second choice of Green is as well.
Gee, this is another Lindows/Windows thing.... but in this case its even worse.... an apple has been a generic term far longer.. when will there be a simple way in the legal system to dismiss these absurdities from even coming into being?.
Harry Shearer and Eric Idles "Ruttles" had a record label named "Banana" as documented in "All You Need is Cash." Gosh I wish they should show that satire-special again -- it was such a hoot and one is sure to pick up more of the jokes a second time around.
I am hard pressed that if there wasn't an Apple record label with all of the feel-good associated with the Beatles that Jobs and Woz would have called their computer something else. Why do you suppose Apple Computer got a free ride? Yes, a computer company and a record label (at least at the time) were completely different businesses, but Jobs would be coy to suggest that his Apple had no connection to the Beatles Apple and that he wasn't trying to make a connection in people's minds.
Zlnasdng Telecommunications? Possible, but it doesn't exactly roll off the tongue...
Try not. Do or do not, there is no try.
-- Dr. Spock, stardate 2822-3.
A lot of large companies will higher a consulting firm to come up with a name for them.
NPR had a story about this a couple months ago about how hard it is to come up with a company name now adays. The main problem, as already stated, is that most english words are already taken. So actually finding a meaningful word or combination of words is really really hard.
When there are no real words left, the firm then gets to make up a word that brings out the values of the company, while not sounding to outlandish. It's actually rather interesting how random sounds put together can make someone thing a particular thing when it has no real basis in english. I'm guessing it's based a lot on roots and prefix's used in english.
All in all though, such a firm should be responsible for making sure the name is not already taken.
"Not knowing when the dawn will come, I open every door." - Emily Dickinson
The popular beat combo known as The Beatles own their own company which manages all their affairs and rights. This company happens to be called Apple Corp and it has been going internationally since the 1960's. Its logo also happens to be an apple with a bite out of it.
Methinks Apple computer should bear in mind there were companies called Apple in existence long before it came in to being, before it goes after anyone with the word apple in their name.
Apple is Steve's persona.... and it tends to be a lot of controlled show... once you talk with people who have worked with companies that deal with apple you start to see a not soo nice picture of what the company really is...
It is unrelated but it is related. There are different categories of Trademarks i.e cosmetics, food, etc.t ernational.htm for list of categories
I think there are something like 7 categories. see http://www.uspto.gov/web/offices/tac/doc/basic/in
MS can try to get people to stop but because Windows is considered a generic term they can't trademark it so they are more or less blowing smoke.
With Apple the computer company and Apple Communications there is a potential that Apple Communications will be mistaken as being a part of Apple the computer company which could besmirch the name of Apple probably under category 35.
Since Australia is part of WIPO they follow the same rules regarding patents and trademarks as the US.
No I am not an IP lawyer but I did IT support for a company (who btw had 60 NT workstations and only had enough licenses for 5)so I may be off but this is what I picked up.
It's actually possible for people to mistake their mouth for their asses, but I think that if we assume that's the norm, the standards for the human species have dropped pretty low.
If a telecom company is "in the same business" as one that sells computers, then a farmer is in the same industry as a supermarket and a photographer is in the same business as a lamp manufacturer.
Did you see Windows go after AMD (or the other way around) for using "XP"...? Did you see Stanislaw Lem go after Sun for using "Solaris"...? Or do you think the catholic church will go after Apple for using, well... an apple? That's not just trademark infringment, it's also probably a sin.
I can understand Windows going after some products with "Windows" in their name if they are operating systems created after MS Windows or if they are products such as "Windows MegaBackup" (which they usually ask to be changed to "MegaBackup for Windows", just to make clear that it's not a part of MS Windows). They are not going after companies that make real windows, or window-cleaners, or movies with the word "window" in their title. Because they have some respect for their consumers' ability to distinguish between them and because they have some sense of ridicule.
Once again (after buying Nothing Real, RayZ, Spruce Tech, etc., just to kill the Windows / Linux versions), Apple has out-microsofted Microsoft. In fact, they have the advantage of making you buy their hardware as well as their software.
RMN
~~~
In this case, the average - read
- not
aTo the trademark lawyers, we're a really insignifigant portion of the population - most people really know next to nothing about computers.
-T
But this site claims:
I suppose it is "Bayer Aspirin" that is trademarked. Interesting.
And my original point about genericide stands. Try thermos or trampoline or kerosene.
I think this, and the "Windows" debacle earler this week, are an example of what I consider a flaw in the current laws. I dont think a company should be able to use just some random noun as their company/product name. Noun combinations are another issue, but naming something "Apple" or "Windows" is ridiculous.
"Apple Computer" should be considered the full name, and if some guy wants to make "Apple Teleco," thats a completely different company, and I defy you to find more than 1% of people who would make the mistake.. and even if they did make the mistake, what does that hurt? "Hi, I want to buy one of those new ibooks" 'oh, no thats Apple Computer. www.apple.com.'
Again, along with things like corporations operating sweatshops in other countries, big companies have WAY too much power. I don't think the founders had the postmodern era in mind 230 years ago, when industry was still relatively local and nascent. I think two things need to happen: a) analysis and updating of current laws, b) multi-national corporations/companies need to be held up to OUR laws, not the laws of the target nation (which is essentially a colony to the corporation by current laws). Part (b) is also another way we can start to "grow up" and face globalization, and be less hypocritical when we say we're an advanced culture.
My $0.02
Actually, Appla computer got its name because it was a parody of the term "byte"
Byte. Apple. See a connection?
He should have asked /. for a better name. green apple would have been better than green. green is being used for everything from ass_paper to zippo liter fluid. how about linux digital telecom LDT. He could also sell flowers.
For-profit companies that remain viable entities do so because they understand that the primary purpose of a corporation is to make money. Understanding this clarifies why they act the way they do. If they can make money by being decent to people, then they will do that. If being complete jack-holes will make money, then they will do that. Note that these are not necessarily exclusive, companies can be both in different situations or even to different groups of people at the same time.
Apple is no different than any other corporation. Sometimes it is in their "interest" to be nice and sometimes it isn't. But you can understand why if you understand their purpose. (even if you disagree with what they do) Apple doesn't exist to make you feel warm and fuzzy. If they do, it is only because it is in their financial interest to do so.
Except Gates *isn't* the lesser of two evils.
Right now, in our reality, he is the greater of two evils.
*If* Apple were in Microsoft's position, they *might* be the greater evil. Since they are not, they *aren't* the greater evil, only the *lesser* evil.
Apple Communication and Apple Computers both sell web space, email addresses, and online storage. Whether that's enough to litigate over, I won't decide since I am neither Apple company.
However, Apple Computer did eventually infringe on Apple Records by allowing Macs to operate as recording studios. Apple Records and Apple Computers came to an agreement, as have Apple Computers and Apple nee iGreen. If, later, iGreen 'flaunts' the agreement as Apple Computers did, that's up to iGreen to face the consequences, isn't it?
But Apple Computers *did* settle with Apple Recording, after all. Don't forget that bit.
GPL Deconstructed