Regarding the trademark issue: if the other company does use its name as a brand as well as a trade name, it may have trademark rights in its name, even if they

Regarding the trademark issue: if the other company does use its name as a brand as well as a trade name, it may have trademark rights in its name, even if they have never applied to register it. [1] It was certainly well known by Apple that healthkit.com was already registered and in use by a company already working on a very similar product. As for copyright, it does not apply to names: What is not protected by copyright? ... Names, Titles, Short Phrases, or Expressions [2] Finally, Apple seems to think it's easier asking for forgiveness than permission when it comes to naming products [3] [1] http://www.quora.com/Trademarks/If-someone-has-a-company-name-but-has-not-trademarked-it-can-I-trademark-it-and-sue-them-b-c-of-the-name-even-though-they-used-it-first http://www.quora.com/Trademarks/If-someone-has-a-company-nam... [2] http://www.legalzoom.com/intellectual-property-rights/copyrights/5-things-you-cant-copyright http://www.legalzoom.com/intellectual-property-rights/copyri... [3] http://www.itnews.com.au/News/71042,cisco-expects-deal-with-apple-on-iphone-trademark.aspx http://www.itnews.com.au/News/71042,cisco-expects-deal-with-...