iPhone’s trademark appeal disputed in Canada
O Canada: we hear your pleas. You want the iPhone, we know. It galls you that you’re so close to the source, yet you have to wait until after those European folks get theirs. What’s the hold up? Well, besides the apparent lack of any agreement with a Canadian GSM carrier, there appears to be another stumbling block for Apple, and its name is Comwave.
Who the heck is Comwave? They’re the telecommunications company that owns the Canadian trademark on “iPhone”. Yes, that’s right; someone else owns the trademark in our great neighbor to the north. Of course, Apple underwent a similar battle with Cisco when the iPhone was originally released, which ended up with Apple and Cisco sharing the trademark (how do you think the Cisco iPhone is selling?). Comwave, on the other hand, asserts that co-existence is not possible with Apple.
“The force they put into marketing would quickly make the brand Apple’s and not ours,” [Comwave president Yuval Barzakay] said. “It’s a case of hijacking the brand. If I asked people on the street who owns the iPhone trademark in Canada, they’d all say Apple. And their product isn’t even in the market. So co-existence is not possible.”Yeah, that’s probably true. So what options does that leave for Apple?
“Our position is Apple has one of two choices: they can either walk away from the trademark and let us keep the iPhone name here in Canada, or they can buy the brand from us,” [Barzakay] said.Translation: we will totally take your sweet, sweet iPhone money. Thank you, come again.
[Thanks, Ken]
Category: News
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Comments (8)
Seems to me this has been an issue with both Apple and Microsoft in the past. When Apple ran into this problem with OS 9, Apple promised to always refer to Mac OS 9. I'm hazy on the Microsoft case, something about always refering to Microsoft Word. Similarly, Apple might have to suck it up and market the Apple iPhone. I'm sure it'll kill Steve Jobs.
Posted by Dave-O | October 12, 2007 4:56 PM
No matter what they do... the iPhone brand is already and will always be associated to comwave. Like who TF is cockwave anyhow?
Posted by Jarod | October 12, 2007 5:17 PM
Comwave is a big two man operation that makes high-tech handset antennas out of metal coat hangers. They submitted trademarks for every letter of the alphabet in front of the word Phone. They figured they were bound to catch some unlucky companies with a letter or two.
I don't think their antenna business was doing so good what with plastic coat hangers being used more now so they decided to squeeze some cash out of Apple.
Posted by Constable Odo | October 12, 2007 10:34 PM
Apple, they know how much the iPhone name is worth to you. Just pay up $$$
Posted by PT | October 13, 2007 4:59 PM
uhhhhh who cares ? Canada has like the same amount of people as the state of Ohio. Apple could just forget Canada and probably never miss the money. or they could buy this comwave and shut it down just for spite.
Posted by Jay | October 14, 2007 2:37 AM
The Microsoft Office problem was (said to be) with Excel. There was insurance software being sold with the Excel brand. Hence the agreement that Microsoft would always say "Microsoft Excel".
Two uncertainties: did "always" extend to "now" (or has the insurance product perhaps gone away)? Are the folks in Microsoft's army of bloggers all aware of the need to say "Microsoft Excel".
(The company which makes Excel hand driers doesn't seem to be involved in the fun.)
The first problem Apple had with trade marks that I'm aware of was with the "Breakout" game that shipped with the early Apple ][s. It became "Little Brick Out" (or "Little Brickout"--I forget which) fairly soon.
Posted by John Baxter | October 14, 2007 4:45 PM
@ Jay
You are part of the reason that the U.S., and it's citizens, are held with such low regard in the world community (usually it's unfair, but in your case it certainly isn't!).
We have three times the population of Ohio - but that's beside the point. Do you really think that Apple-or any other company-would say "we'll sell our widget in all 50 states except for Ohio because we won't miss the money"?
Apple should either buy the mark for a reasonable price or use the name "Apple iPhone" until Comwave goes belly-up.
Posted by Wondercow
|
October 15, 2007 1:34 PM
Someone compared the population of Canada to Ohio ! For the record, these numbers are the population according to the US Census Bureau in 2006: Ohio: 11,478,006 - NY: 19,306,183 - CA: 36,457,549 - FL: 18,089,888. Canada is: 31,612,897.
Apple should set aside this issue quite easily with its lawyers.
Posted by Al | October 20, 2007 7:43 AM