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Apple Loses Aussie Trademark Complaint Over "i" Name

CuteSteveJobs writes "Apple has been dealt a severe blow having been told that it no longer has a monopoly on the letter 'i' for product naming. IP Australia, the government body that oversees trademark applications, rejected Apple's complaint against a company selling 'DOPi' laptop bags. Last year Australian computer company Macpro Computers claimed that after 26 years of flying its own Macpro brand that Apple was 'trying to burn us out' with legal fees. This was after Apple released its own Macpro line 3½ years ago. Apple lost that complaint, but is appealing. Last year Apple went after supermarket Woolworths complaining their new logo which featured a 'W' fashioned into the shape of an apple. (Woolworths sells real apples.)"

44 of 177 comments (clear)

  1. iFirst by Anonymous Coward · · Score: 5, Funny

    This post has been taken to court by Apple due to violations regarding the iFirst.

    1. Re:iFirst by sopssa · · Score: 5, Insightful

      It's weird Apple even cries over such, especially when other companies have been using similar names for years. Adding an i before a word in name, what an invention. iPad has the same story too, and then Apple just came along and took it. There's even a hand-held device Fujitsu iPAD from 2002.

      Apple doesn't care about other peoples names but then cries over some company that has been using Macpro name for over 25 years before Apple. Just like they didn't care about Nokia's patents but instantly cries when someone even considers anything close to Apple's patents. If Apple were a person he would be a total douche, but of course we again see some Apple fanboys coming to defend this douchebag.

    2. Re:iFirst by value_added · · Score: 4, Insightful

      If Apple were a person he would be a total douche, but of course we again see some Apple fanboys coming to defend this douchebag.

      What I didn't know and was surprised to learn was the following:

      Apple [has a] market capitalisation of close to $US200 billion, making it the fourth largest publicly traded American company

      If Apple's a douchebag, then it's a Really Big Douchebag. On the other hand, with only a handful of consumer products from which they seem to make most of their money, it shouldn't be surprising to anyone that they'd be so aggressive at protecting their names and associations in the mind of consumers. Or from a pure business sense, faulted for doing so.

      Good business sense or not, I'd agree they qualify as a douchebag. But then, so do the Beatles (for some, purveyors of simililary overrated products) for suing Apple way back when.

    3. Re:iFirst by Jazz-Masta · · Score: 5, Funny

      If Apple were a person he would be a total douche

      He'd also be wearing a turtleneck, have a starbucks double half-calf-frappa-moccha-chino, goatee, and thick black-rimmed glasses.

      Oh yeah, and a liberal arts degree.

    4. Re:iFirst by daath93 · · Score: 5, Informative

      In what universe is apple the fourth largest publicly traded American company? The Forbes Global 2000 has them ranked at 113 (behind many many American companies) with about 4.86 billion in profits and a total market value of 79.54 billion. Even Microsoft is only ranked 49th with 3 times the profits and market value.

    5. Re:iFirst by DMUTPeregrine · · Score: 2, Informative

      Well, of course. We already said he'd be a total douche.

      --
      Not a sentence!
    6. Re:iFirst by hanabal · · Score: 5, Informative

      the beatles saga was another case of Apples douchiness actually. The Beatles record label was called apple records a subsidiary or Apple Corps, they had a trademark and everything. Along comes apple computers and they struck a deal, signed and everything, as long as apple computers stays out of the music game its all good. This is pretty much standard for trademarks, the idea is that if anyone hears the name apple associated with music they will think of The Beatles. for pretty much any trademark the rules are stay out of the same market and you can use the same name. All good so far. Then apple computers starts selling ipods and itunes, hey wait a sec they said they weren't going to do that. This is why the beatles sued, and rightfully so.

    7. Re:iFirst by hakey · · Score: 2, Informative

      I was also surprised by that, so I looked it up. As of the end of Friday trading, they just edged out Wal-Mart for number 3.

      US companies by Market Cap:
      Exxon Mobil 315.38B
      Microsoft 256.45B
      Apple 205.57B
      Wal-Mart 205.37B
      Berkshire Hathaway 203.20B
      Google 184.28B
      Procter & Gamble 183.92B
      General Electric 181.81B
      Johnson & Johnson 176.62B

    8. Re:iFirst by gafisher · · Score: 2, Funny

      That's because of the long boot times; it's sort of an umbrella concept.

    9. Re:iFirst by evanspw · · Score: 3, Informative

      Market capitaization. ie, it's stock price multiplied by the number of share on issue.

      There's no "one" way to measure a company's size. The Forbes article is horrendously out of date on market cap. Apple is the clear #2 tech stock now behind microsoft. I think at the moment, the order goes Exxon, Microsoft, PetroChina, then Apple.

      It's really big, and the fact that its price to earnings ratio is much higher than any other really huge company means the market thinks its profits are fairly safe, with more upside.

      --
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  2. Say what you want about Microsoft... by Anonymous Coward · · Score: 4, Insightful

    ...but if Apple was as big as Microsoft is now and had the same legal attitude, the legal climate in computing would look even far worse than it does now.

    1. Re:Say what you want about Microsoft... by PietjeJantje · · Score: 5, Insightful

      The problem with AAPL is, if Steve Jobs drops dead tomorrow, it will implode in catastrophic ways. But if a piano falls out of the sky and takes out Balmer, MSFT will go up.

    2. Re:Say what you want about Microsoft... by ScrewMaster · · Score: 2, Informative

      It's why Microsoft got bigger than Apple. Because they were actually less evil and more open than Apple were.

      Not really. It's because Microsoft chose to market an operating system that would run on computers made by any company that was "PC Compatible" and then worked out deals with those manufacturers to only offer Microsoft OSes. And those backroom deals were sleazy and illegal and Microsoft got called out for them, so don't give Microsoft a free ride on the "evil" bit. Apple, on the other hand, insisted on owning the whole enchilada, lock stock and barrel, never seeing themselves as a pure software company. Gates even told Jobs at one point that if he wanted to make a whole lot of money, just sell the OS. In any event, it comes down to two entirely different business models selling to two entirely different demographics.

      Having said, that I can honestly say that I don't particularly like either corporation, but at this point in my life, I make my living working with Microsoft development tools coding Windows applications. That's because you're right: Windows is more open, in terms of the hardware it will run on.

      --
      The higher the technology, the sharper that two-edged sword.
  3. You mean Apple doesn't sell real apples... by __aaclcg7560 · · Score: 3, Funny

    The local grocery store in Silicon Valley has four organic apples in a hermetically sealed plastic box with a sticker on top to win a real skateboard for $3 USD. This is something that Steve Jobs would've come up with, although the skateboard would've been Steve Wozniak's idea.

    1. Re:You mean Apple doesn't sell real apples... by Anonymous Coward · · Score: 3, Funny

      Wow, you linked to a wikipedia article about skateboard. I hope we aren't that nerdy here on /. Some of you must have played Tony Hawk games, right?

    2. Re:You mean Apple doesn't sell real apples... by makomk · · Score: 2, Informative

      Well, they would do, since outside of New Zealand and Australia Woolworths refers to an entirely unrelated chain of stores that sells totally different things...

  4. I think they lost it at the point where by Anonymous Coward · · Score: 4, Funny

    They told the Australian court that the country would have to change its name to Australya.

  5. Bad summary by curmi · · Score: 3, Insightful

    It seems clear, avoiding the anti-Apple stance of the article and the summary, that Apple went after someone for infringing on "iPod", which is "DOPi" backwards. They didn't go after them for using iSomething. This looked like an infringement of their existing trademark, but they didn't win.

    Nothing to see here. Move along.

    1. Re:Bad summary by ClosedSource · · Score: 2, Insightful

      Yes, I'm sure consumers were fooled into thinking that a DOPi was really an iPod because of the similar size and shape and the fact that they both start out empty.

    2. Re:Bad summary by ChunderDownunder · · Score: 3, Funny

      Still, buying a product pronounced "dopey" sums up Apple's customers aptly! :)

  6. The first sign of trouble was... by LostCluster · · Score: 4, Funny

    when the ruling was headlined iDon'tThinkSo.

  7. Former Apple Trademark lawyer gets interviewed by Anonymous Coward · · Score: 2, Funny

    and said "iTold you so".

    Ugh, I just died a little inside (Pun Allergy).

  8. Proof the Australian legal system is broken by mjwx · · Score: 4, Insightful

    First AFACT (Australia's RIAA) lose and courts clearly state that ISP's are not responsible for policing their users now they have the audacity to claim Apple has no right to destroy other companies over vague allusions to product names or names they have been using for 20 years.

    Preposterous I say, this simply cannot stand, as an Australian I demand that our legal system be fixed so that innocent mega-corporations can no longer be inconvenienced by our clearly erroneous laws.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
    1. Re:Proof the Australian legal system is broken by timmarhy · · Score: 2, Informative
      not only that but the government is looking at opening an enquiry into scientology's tax free status.

      combine that with peter garrett getting sacked from the environmental portfolio for his pink batts failure, and if we can get Rudd to reign in his spending, we might have a 1/2 sane government and legal system in the works.

      --
      If you mod me down, I will become more powerful than you can imagine....
  9. Way to stick it to the man! by hellop2 · · Score: 5, Informative

    Apple didn't invent the 'i' concept anyways. The 'i' comes from "Internet" because we called it the "iNet" back in the BBS days.

    --
    How many more years will slashdot have an off-by-one error on your Score in your profile?
    1. Re:Way to stick it to the man! by hellop2 · · Score: 3, Interesting

      Or "inet" or even more common, "Inet" which some BBSers insisted upon, because the word "Internet" was considered a proper noun.

      Here is an article from 1995 from the ACM: http://www.acm.org/crossroads/xrds2-1/inet-history.html.

      It's an article on Internet History. Notice the filename contains the word "inet" meaning "Internet".

      Was Apple's first use of the "i" trademark before 1995?

      --
      How many more years will slashdot have an off-by-one error on your Score in your profile?
  10. Trying to win trademark fights? by Mitchell314 · · Score: 5, Funny

    There's an app for that.

    --
    I read TFA and all I got was this lousy cookie
  11. Re:Can we do some research please? by EvanED · · Score: 2, Insightful

    If I had an international trademark and $35 billion in cash and short term investments, I would sue people even if I knew I would lose.

    And I would call you an asshole who's abusing the system, and costing other people the money that they take home to feed their families and pay rent.

  12. Comment removed by account_deleted · · Score: 2, Informative

    Comment removed based on user account deletion

  13. The world. by Anonymous Coward · · Score: 5, Funny

    Powered by 26 letters, and therefore a maximum of 26 companies.

    1. Re:The world. by gooman · · Score: 2, Funny

      Bummer to be the company that gets stuck with "R"
      They'll go broke suing all the pirates.

      --
      "Kittens give Morbo gas!"
  14. Sci Fi to the Rescue...Again by hyades1 · · Score: 4, Funny

    Frank Herbert, the author of "Dune" wrote a couple of novels set in a universe where lawyers who chose to fight a case literally had to fight it...and die if they lost. "Whipping Star" was one of them.

    I think he was onto something. I, for one, would pay big money to see lawyers die.

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
    1. Re:Sci Fi to the Rescue...Again by timmarhy · · Score: 3, Funny

      gates vs jobs. gates would surely win by strangling jobs with his stupid turtle neck.

      --
      If you mod me down, I will become more powerful than you can imagine....
  15. It's a kwaZulu prefix, get over it by tgv · · Score: 2, Insightful

    IF anyone has a right to complain, it's the Zulus. In kwaZulu (their language), an i- is prefixed to any loan word, and the following word is then capitalized. So radio in kwaZulu would be: iRadio. Looks familiar?

  16. Mother Nature looses her appeal by Anonymous Coward · · Score: 2, Funny

    In a severe blow to food naming conventions Mother Nature has lost her bid to retain the name "Apple" for the fruit of the same name. In a compromise Apple is allowing Mother Nature to have their unused trademark iSlate for all apple type fruits. This is seen as a victory for the US and Mom's iSlate pie!

  17. Re:Can we do some research please? by erroneus · · Score: 2, Interesting

    On that I have to disagree. The approach is short-sighted as there is at least one other cost you are not considering -- "good will." Apple is burning its public image with these sorts of abusive legal actions.

  18. Oh the irony by plusser · · Score: 4, Interesting

    When talking of trademarks, the Australian Woothworths company actually had absolutely nothing to do with the FW Woolworth company and its famous US and UK stores (and apparently stores in other countries that are still trading under the Woolworths brand). One of the founders of the Australian company, Ernest Robert Williams, called the company Woolworths as part of a dare, only to find that FW Woolworth had not trademarked the name in Australia, therefore the trademark was deemed valid.

    This highlight the issue of trademarks. Even in a globalised society, a company cannot expect by implication that its trademark will automatically be protected across the world, without registering the trademark correctly. If it were, could Volkswagen sue Apple for the use of the "i" letter since the company first used the designation on the Golf GTi in 1975?

    Perhaps somebody could trademark the word iDIOT, to prevent situations like this from occurring.

  19. Re:Erm... no? by Alicat1194 · · Score: 2, Informative
    Woolworths is primarily a supermarket business, though they do have controlling interests in several electrical goods and technology stores (as well as liquor, hotels and hardware).

    The 'W' logo mentioned in the summary is used primarily for the supermarkets - the electrical / tech stores are branded differently eg: 'Dick Smiths' and 'Tandy', not 'Dick Smiths a subsidiary of Woolworths'.

    --
    You can learn a lot about a person if you just take the time to inject them with sodium pentathol
  20. Apple by blind+biker · · Score: 2, Funny

    iLitigiousBastards

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    1. Re:Apple by zuki · · Score: 2, Funny

      In the spirit of trying to find a song for everything,
      all I can think of when reading this is : "iMe A River"....

  21. How... by pandrijeczko · · Score: 4, Funny

    ... iLaughed.

    --
    Gentoo Linux - another day, another USE flag.
  22. Re:Can we do some research please? by Mephistro · · Score: 2, Interesting

    Microsoft has for years burned good will, buried it, danced on it's grave and then salted the earth where it used to grow and they are still the biggest software company around.

    I totally agree with your statement, but IMHO the most important word here is STILL. One of these days, M$ will slip, and then they'll need all the good will they dilapidated. In the future, people will be making lists like this "Ashton Tate, WordPerfect, SCO... Microsoft...". They have been stretching the rubber band for 40 years, You don't need to be Nostradamus to see what's coming.

    As for Apple, Google and the rest, yes, they'll probably end also being part of that list.

  23. Re:Evil Empire by ScrewMaster · · Score: 2, Interesting

    Whatever happened to Apple being the goodguys? They had this image of being friendly and having a great product, but ever since they released the iPod its like it was the catalyst that turned them to the darkside.

    Trust me on this one, it was just image. I knew Apple from back in the Apple I days, and Jobs was a dick even then, a hopped up salesman at best. Wozniak I respected ... to have designed and prototyped the Apple ][, Monitor ROM and floppy disk controller at his age was remarkable. Close to genius-level work, I'd say.

    For all its flaws and warts (and it has many) Microsoft has put forth more effort to support its customers over the years than Apple ever has. I agree with you, they've seemed like bigger dicks since the iPod came out, but probably having to deal with the music industry has just amplified their existing negative vibes.

    --
    The higher the technology, the sharper that two-edged sword.
  24. iEvil by cpotoso · · Score: 2, Funny

    Apple is iEvil.