@johnnyg0, yes Apple did that. But, only to protect their trademark. I remember reading that in order to keep a trademark like that, you have to show that you are willing to protect it every once in a while when these things come up or you could risk loosing it. Therefor, you have to sorta put out these little lawsuits to defend it, even though you dont REALLY intend to sue the pants off these people.
But there is a bit of a difference....HTC (company name) Touch (product name) iPod Touch (product name). If it was the Apple Touch I could see a problem but its not. It is called the Apple iPod Touch. So, unless HTC exclusively owns the rights to the word "touch" for electronic data communication devices, I dont really see a case. And technically the iPod touch isn't a "data communication device" because it doesnt have any Mail,Voice,or Messaging. I have no idea how they are going to possibly argue that Apple's iPod Touch is going to confuse consumers that are looking for HTC's Touch.
I agree with Nick above. I mean, if I was going to talk to someone about the HTC Touch, I would just come out and say "HTC Touch". Most people would know that HTC makes mobile phones. If I was going to talk to someone about the iPod Touch, I would just come out and say "iPod Touch". EVERYBODY should know what an iPod is. I don't know, but this does not sound very confusing to me. I really don't understand how someone could easily mix up an Apple and an HTC product with each other. I'd like to think that as a consumer, our intelligence should get more credit than this.
"And technically the iPod touch isn't a "data communication device" because it doesnt have any Mail,Voice,or Messaging."
Yet it has Wifi and Safari running on it, of course the internet isn't about data communications right? If they want to make a case for it, they have one with little trouble thanks to what doors have been left open on the device.
With a web broser it makes it a data device... but you need to have the ability to make it easy for the user to "COMMUNICATE" via Messaging, Mail or Voice. there is none.. If that is true you by definition would say that for at least the past 20 something years every computer sold should be called a "data communication device".
Geometry lesson: A Square is a Rectangle, but a Rectangle is not a Square.
Data communication devices have web browsers, but not everything with a web browser is a data communication device
Words like touch that already exist are fair game. In My Opinion they should be anyway.... also preexisting phrases that are popularized such as "you're fired" and the latest lawsuit over "That's hot" seem bogus to me.
iPhone is a "new" word, "Touch" has been around the block a few times.
"but you need to have the ability to make it easy for the user to "COMMUNICATE" via Messaging, Mail or Voice. there is none.."
Yeah because using the wifi is impossibly hard, even worse would it be for a user to manage to access their webmail system or play with various java applets. I forgot, the internet takes about 5 hours to access because of how complex it is.
Of course I don't have the device, I don't know the exact limits of the software, but if it's like what people are touting with the iphone then it seems to be that it would be easy for people to do these things. Do they have to hack a router to get on the internet? Is Safari now a DOS based command system of browsing plain text documents?
Reader Comments (Page 1 of 1)
Mischa Lockton @ Sep 7th 2007 1:41AM
What's next, lawsuits over the word "the"?
xiln @ Sep 7th 2007 7:33AM
Yeah, but let's start with the word "pod" first..
johnnyg0 @ Sep 7th 2007 8:31AM
Didn't Apple already sued many companies for using "Pod", like the ProfitPod, TightPod and others?
.. and didn't they also sued people for using the word "Podcast"
.. and for using "i" in front of their product when they launched their player?
I guess thinking you own a word can be very profitable.
(If you were sarcastic, it was too early for me to get it :)
Macinjosh @ Sep 7th 2007 9:46AM
@johnnyg0, yes Apple did that. But, only to protect their trademark. I remember reading that in order to keep a trademark like that, you have to show that you are willing to protect it every once in a while when these things come up or you could risk loosing it. Therefor, you have to sorta put out these little lawsuits to defend it, even though you dont REALLY intend to sue the pants off these people.
Its all business & legal crap.
Nick @ Sep 7th 2007 10:31AM
But there is a bit of a difference....HTC (company name) Touch (product name)
iPod Touch (product name). If it was the Apple Touch I could see a problem but its not. It is called the Apple iPod Touch. So, unless HTC exclusively owns the rights to the word "touch" for electronic data communication devices, I dont really see a case. And technically the iPod touch isn't a "data communication device" because it doesnt have any Mail,Voice,or Messaging. I have no idea how they are going to possibly argue that Apple's iPod Touch is going to confuse consumers that are looking for HTC's Touch.
db @ Sep 8th 2007 6:13PM
I agree with Nick above. I mean, if I was going to talk to someone about the HTC Touch, I would just come out and say "HTC Touch". Most people would know that HTC makes mobile phones. If I was going to talk to someone about the iPod Touch, I would just come out and say "iPod Touch". EVERYBODY should know what an iPod is. I don't know, but this does not sound very confusing to me. I really don't understand how someone could easily mix up an Apple and an HTC product with each other. I'd like to think that as a consumer, our intelligence should get more credit than this.
Kax02 @ Sep 8th 2007 2:22PM
Well that really is interesting at least.
"And technically the iPod touch isn't a "data communication device" because it doesnt have any Mail,Voice,or Messaging."
Yet it has Wifi and Safari running on it, of course the internet isn't about data communications right? If they want to make a case for it, they have one with little trouble thanks to what doors have been left open on the device.
Nick @ Sep 8th 2007 5:18PM
With a web broser it makes it a data device... but you need to have the ability to make it easy for the user to "COMMUNICATE" via Messaging, Mail or Voice. there is none.. If that is true you by definition would say that for at least the past 20 something years every computer sold should be called a "data communication device".
Geometry lesson:
A Square is a Rectangle, but a Rectangle is not a Square.
Data communication devices have web browsers, but not everything with a web browser is a data communication device
Tim @ Sep 8th 2007 5:35PM
I think "the" is already trademarked by Ohio State University...
Mischa Lockton @ Sep 8th 2007 7:36PM
Words like touch that already exist are fair game. In My Opinion they should be anyway.... also preexisting phrases that are popularized such as "you're fired" and the latest lawsuit over "That's hot" seem bogus to me.
iPhone is a "new" word, "Touch" has been around the block a few times.
Kax02 @ Sep 9th 2007 12:22AM
"but you need to have the ability to make it easy for the user to "COMMUNICATE" via Messaging, Mail or Voice. there is none.."
Yeah because using the wifi is impossibly hard, even worse would it be for a user to manage to access their webmail system or play with various java applets. I forgot, the internet takes about 5 hours to access because of how complex it is.
Of course I don't have the device, I don't know the exact limits of the software, but if it's like what people are touting with the iphone then it seems to be that it would be easy for people to do these things. Do they have to hack a router to get on the internet? Is Safari now a DOS based command system of browsing plain text documents?