Apple and Fujitsu inevitably caught up in iPad trademark dispute
Well, here we go again. Apple might have stolen all the headlines yesterday with the iPad, but as we've already noted, that name has been in dispute since September -- and it doesn't look like Fujitsu, which has been selling its own iPad since 2002, is going to back down. "It's our understanding that the name is ours," Fujitsu PR director Masahiro Yamane told the New York Times. Maybe, but it's not quite that simple. Here's the deal: Fujitsu applied for the "iPad" mark in 2003, specifically covering handheld devices used in retail. (The Fujitsu iPad is a $2,000 Windows CE point-of-sale device.) Along the way, the application got bogged down because a company called Mag-Tek had already registered IPAD for its line of PIN-entry keypads, and Fujitsu's application was listed as "abandoned" in April of 2009. The notice of abandonment apparently woke someone at Fujitsu up, because the company then asked the Trademark Office to re-open the application, arguing that Mag-Tek's IPAD had nothing to do with the Fujitsu iPad. The USPTO agreed, re-opened the application, and the process continued until September, when the iPad application was published so other trademark holders could oppose registration. That's when Apple signaled that it wasn't so happy about things -- and filed its own "iPad" trademark application using a shell company called "IP Application Development."
Phew -- still with us? That leaves us at now, with Mag-Tek selling the IPAD under a valid, registered trademark, Fujitsu selling an iPad with a pending trademark application, and Apple sucking all the air out of the room with the launch of the iPad and no US trademark at all. We'll be honest: we'd always simply discounted rumors Apple would call it the iPad, because this is kind of a mess. Apple can't just take "iPad" from Fujitsu because it really wants the name -- it's likely going to have to argue that "iPad" is confusingly similar to "iPod," while still trying to register "iPad" on its own and telling the Trademark Office that it won't be confusing to people looking for the Mag-Tek device, or the Siemens "iPad" motor trademark, or potentially even Coconut Grove's trademarked iPad bras. Of course, all these problems can be solved with the direct application of cash and some nice ambient media attention, so it's likely we'll see some friendly joint PR from Apple and Fujitsu along with an agreement to share the name sometime before Apple's formal opposition is due on February 28. That's pretty much what happened when Apple bit the "iPhone" name from Cisco, anyway. But still -- why can't Apple ever learn to have these conversations ahead of time?
Phew -- still with us? That leaves us at now, with Mag-Tek selling the IPAD under a valid, registered trademark, Fujitsu selling an iPad with a pending trademark application, and Apple sucking all the air out of the room with the launch of the iPad and no US trademark at all. We'll be honest: we'd always simply discounted rumors Apple would call it the iPad, because this is kind of a mess. Apple can't just take "iPad" from Fujitsu because it really wants the name -- it's likely going to have to argue that "iPad" is confusingly similar to "iPod," while still trying to register "iPad" on its own and telling the Trademark Office that it won't be confusing to people looking for the Mag-Tek device, or the Siemens "iPad" motor trademark, or potentially even Coconut Grove's trademarked iPad bras. Of course, all these problems can be solved with the direct application of cash and some nice ambient media attention, so it's likely we'll see some friendly joint PR from Apple and Fujitsu along with an agreement to share the name sometime before Apple's formal opposition is due on February 28. That's pretty much what happened when Apple bit the "iPhone" name from Cisco, anyway. But still -- why can't Apple ever learn to have these conversations ahead of time?























@Bill Gates if i were u, i'd now have it signed by Steve Jobs.
@Bill Gates
hahaha
@Bill Gates
Kinky...
@Bill Gates Between Microsoft and HTC one of these companies is going to blow the iPad out of the water. This meant noting to Steve Jobs, but it was Bill gates vision he has been trying to get a great tablet for along time and when the courier(or whatever it's called) comes out it will be the best tablet(IMO)
Go on Yahoo! and look at the headlines... one of them is about the iPad. I'm pretty sure Josh Topolsky is in the middle of the headline's accompanying picture... sorry that this doesn't pertain to yet another engadget iPad article.
@John Stathakis
Old re: Josh, but thanks. On-topic, I believe apple made a huge mistake with the name of this device. There were countless, better alternatives. Even MadTV is joking about it as a MaxiPad (too easy, its right in the name).
Check out YouTube for the clip; I won't link to it here.
Even this ipad(http://www.currentdirections.com/hardware/fujitsu/ipad100.html) has the VoIP phone capability.
If the name was in dispute since september, why didn't we know the name of the tablet until now?
iPad, therefore I am?
wat, the magicians couldn't think of iTampon?
@John Stathakis
How about naming it iFloppy? Like a floppy disk, you know...
And a Flop. iFlop would be too obvious.
@Drago
Because it seems entirely plausible that Apple would contest the trademark based solely on its similarity to the 'iPod' mark.
Seems to me that maybe this is just a transitional device...iPad is not a great name. Is it worth duking it out over? Maybe not...maybe Apple is just iPadding their current product offerings to their current fans. Waiting in the wings there might be a better Apple Tablet. More of my thoughts about what this choice of a name says about the iPad and about Apple's tablet future. http://bit.ly/aW5ckr
Dear Fujitsu,
This stupid name is freakin' jinxed. You can have it back with my condolences.
Sincerely,
Steve "Newton 2" Jobs
Dear Steve Jobs,
Change your tablet's name. Not that big of a deal.
Fujitsu.
I hope Apple loses this fight. iPad is a sucktastic name. Seriously. That's the best they can do? It's almost as bad as their #1 worst product name ever, iPhone. Awesome device, crap name.
Newton, please. NEWTON!
@unwynd: Apparently MadTV beat them all to the name iPad. :p
http://www.youtube.com/watch?v=FTzhXMbOWHE&feature=player_embedded#at=37
@xbit Good one, would serve him right to get treated the way he treats others.
So that shell company's name spells out ipad. If the company was incorporated publicly before September, and at that time there was no trademark pending, could it claim it has any legal rights to the trademark on those grounds?
@xbit
+1 to you!
(Post upranked from IE)
@John Stathakis werd... and why are they fighting over a name that makes it sound like a feminine hygiene product.
considering it looks like a oversized iPhone, you can see the maxiPad jokes coming a mile away (available to suit your "flow": light 16gb / medium 32gb / heavy 64gb).
@TheSteve I think that's the idea. Fujitsu had 7 years to complete the trademark application process and just didn't do it. Until they probably got wind of an Apple tablet and begged to reopen their abandon request. These are both large companies, they know the game. Fujitsu didn't get their stuff in on time. I'd venture Apple was playing poker very close and biding their time... the name application WAS officially dropped by the PTO, fair and square. AFTER it was dropped then Fujitsu management tried to get it back and Apple is crying foul because they were waiting in line very quietly. This is just like snipping domain names, you gotta keep that registration up to date because you never know who's waiting to snipe if you miss the payment.
That's how capitalism has worked in the US for hundreds of years... nothing new here.
@Drago
that's because of the Apple think different policy as everyone thought it was gonna be called the iTablet or iSlate
@xbit oh shit good recall
"Phew -- still with us?"
Lost you at "iPad" in the headline.
@Cence
its such a terrible product, theres no need for this much coverage.
@vlad the inhaler im gonna have to agree with u there. i was expecting maybe something more advanced. But all iPad is, its a giant iPod. Seriously.
Running iphone OS, no flash support and no support for most common file types (video). Come on!
@vlad the inhaler
So.. Would you call them invalids?
(Ref: Michael Dell Vs Putin @ The rich bastards summit last year)
@reader1
stop being an apple troll. you arent providing anything meaningful to these discussions and are just being plain scum.
as for the ipad trademark, this is typical apple to hide their product and fight for the name afterwards, i for one hope they dont get it and are forced to change it to something better and fess up to being arrogant about this. it should be fined as it almost seems they do this often with the intent to steal trade names, almost criminally ironic no?
@IvanP91
"Running iphone OS, no flash support and no support for most common file types (video)."
None of those things will stop it selling in the millions, which is why it's getting so much coverage on Engadget.
Oh, and apparently Flash support doesn't matter. According to comments I've read on the iPad, HTML5 is going to save us all, as well as ridding the world of poverty, curing AIDS & cancer, and give us shiny hair!
"Netbooks were merely a placeholder until the iPad arrived."
LOL, I spit out all my coffee laughing at such a dense statement. I better get my wife's iPad to clean up this mess.
One should have the iPad and the loser should just call theirs the Max iPad.
@CT the loser should keep it, because believe it or not this is not a great name.
"But still -- why can't Apple ever learn to have these conversations ahead of time?"
Arrogant Apple is Arrogant, they think they are above the law and challenge trademarks and patents anyway and when they lose they throw money at it to make it go away.
I want someone to take a stand against Apple when they do this one too many times.
@Sheppard
I seriously think they do this shit for fun...
They also do the same with patents.
Ok guys.. what obscure shit can we do today?
Steve: I know! lets see if we can patent using more than one finger on a display... that'll piss some people off!
Months Later:
Steve: *on phone* What... You're Kidding me!.. We got it?...HAHA
Steve: Guys, we got it! Quick, you boy, yes you, take this bag, crap in it, drive to googles HQ, and set it on fire at the door!
@Sheppard @geekthree
I couldn't agree more.
Plus the iPad is like the biggest joke right now for a tablet, and half of it is BECAUSE of the name. They should have called it iSlate like the rumors did =/
@Sheppard But they know that they can eventually win, even the iPhone name was taken from Cisco.
Cisco has the power to cut Apple computability with its VPN products and cut out support with Apple's old networking protocols but even they eventually let Apple take the name.
Can you imagine if Cisco had pulled an Apple on Apple the way Apple treated Palm? Their systems make up 86% of the internet.
"We're sorry we detected that your computer is using Safari on OSX and are not able to connect you with www.google.com."
They should be fighting to DISOWN it.. Hasn't someone from apple or fujitsu seen this already?? : http://www.youtube.com/watch?v=WK2drIylnDw
mega patent infringement here!
http://www.youtube.com/watch?v=lsjU0K8QPhs
Apple tends to just tell its users what they like... they don't really care about feedback from their customers, I think we can all agree on that.
Why would they let other companies tell them what they can't name their products?
time for Tampax to rise up and file their own application for trademarked iPad female hygiene products.
Fujistu is doing them a favor! They can change the name without look and try to save some face now!
Fujitsue has an ipad?????
Lol!!it's clearly a fail. I'm wondering if this lawsuit has anythingvyo do with the $3.8 billion profit apple made in 3 months??
Of course name says ut all fujitsue.
Fuji just Ben over n take it. Stay out of Californian designed tablet. Were on a totally different continent. Agree?
@logic thinker
You're very knowledgeable about bending over and taking up the rear aren't you? I guess you have a lot of experience.
@logic thinker you obviously didnt read very well. Fujitsu's Ipad is a retail device. It is used to work with inventory systems in retail stores
Apple doesn't have these conversations ahead of time because with great product unveilings as we have seen before with the iPhone & now the iPad, they want to embarrass the competition.
Got it?
Um... not really... o_O
I hope Fujitsu wins.
@Alan Smithee
Actually, I'm guessing that Fujitsu will settle with Apple for a large sum of cash and walk away laughing their asses off knowing that they dodged a bullet with the piss poor iPad name.
After all the jokes about MaxiPad, Fujitsu would have to be insane to stick with the name.
@Spiny Norman
Thats what happened with Ciscos iphone, but with Fujitsu I apple won't get out as cheap.
With Cisco it was pretty much no brainer when they sold the iphone name. The product was nearly dead anyway, and as the phones were going to wireless anyway there was no reason to keep the name. Just get maximum amount of cash from Apple.
With Fujitsu things are different. With the publicity apple got for ipad name the names value has increased for Fujitsu, and Fujitsu is going to stay as a computer maker. Wouldn't surprice me a bit if they released similar product soon. So the name has value to Fujitsu, and didn't for Cisco.
With name apple has painted themself into a corner. If they claim ipad is too close to ipod they might loose the ipod name too for Mag-Tek. And Fujitsu has used the name before in their product so they have precedence.
Whats even worse is that this is only for US market. I'm willing to bet that Fujitsu has registered the name for other markets, and MagTek hasn't. I'd guess Japan and bigger european countries like Germany, England and France at least.
So even if Apple got their will through in US in many other markets the name ipad would be illegal. So apple will have to do a lot of sweettalking and brown nosing to Fujitsu to get the name. Worse case scenario for apple is that dispute drags on for several years which is quite possible.
So this is a win-win for Fujitsu. They have pretty good claim for the name, and probably registered it in other markets. If they can register the name for them it's good for them. If apple tries to blog it Fujitsu can contest the blog giving some FUD to apple which directly competes with Fujitsu products.
I'd say apple will lose tens of millions or more, and Fujitsu will get equal rights to the name. This short names arent cheap.