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It looks like this company doesn't own any trademarks or copyright on the HealthKit name, but Apple does. Not sure how they can be upset if they haven't even tr
by owenwil 12y ago
It looks like this company doesn't own any trademarks or copyright on the HealthKit name, but Apple does. Not sure how they can be upset if they haven't even tried to protect their brand.
They filed the trademarks some months ago:
http://www.macrumors.com/2014/05/30/healthbook-healthkit-trademarks/ http://www.macrumors.com/2014/05/30/healthbook-healthkit-tra...
- rodgerd 12y agoid Software beat a trademark troll trying to claim their name by demonstrating they'd been trading under it.
- shakethemonkey 12y agoThey own a common-law trademark, which is perfectly defensible. Apple is in the wrong here.
- astrodust 12y agoIn what country, Australia? I don't think Apple is too concerned. If HealthKit had filed for trademarks internationally then they'd have a leg to stand on. Instead they're left moaning about how Apple has named some technology, not a packaged product per-se, with a name similar to their company. Apple's legal team was no doubt aware of HealthKit, had done some analysis, and decided that there was no real issue. HealthKit can do their thing in Australia.
- tiquorsj 12y agoTrademark rgistration does not grant the mark, use in commerce does.
- Tyrannosaurs 12y agoThat's not true, at least not in the US, and here's a lovely example of it. A few years ago DC Comics decided to sue DC Shoes over their logo which, like DC Comics logo at the time, used the letters DC and a star. Turns out DC hadn't trademarked the logo, despite having used it (and variants) for decades so they lost. DC Shoes HAD trademarked it and successfully counter sued and DC Comics, despite having used a similar logo for a lot longer, were forced to pay DC Shoes for the rights (at least until they ultimately changed their logo).