Apple in hot water with HTC over "touch" name?
updated 09:45 am EDT, Thu September 6, 2007
Apple May Face HTC Lawsuit
Apple could potentially deal with a lawsuit from cellphone maker HTC after naming its one of its latest music players the iPod touch, according to one trademark lawyer. While the name by itself is distinctive enough to potentially avoid a suit, the media player's similarity to the HTC Touch in its media playback, touchscreen, and Wi-Fi functions may be enough to warrant a trademark dispute. Though Apple had announced its iPhone with closer functionality months ahead of the HTC phone's June debut, the iPod touch has launched roughly three months after, potentially exposing Apple to claims of stealing its Taiwan rival's product name.
HTC chief Peter Chou has revealed that he is aware of the iPod touch and believes that the Apple device's name is a compliment to his company's own naming scheme, though he declined to either confirm or deny suggestions that HTC might pursue legal action to force a name change and avoid possible confusion.
"HTC Touch is a trademark, but I can't comment right now," Chou said.
If pursued, the trouble might represent the second conspicuous naming issue for Apple this year, the first being the company's high-profile spat with Cisco over its Linksys iPhone VoIP handset that ultimately resulted in Apple successfully negotiating the right to use the iPhone name without disrupting Cisco's own use.
cause confusion how?
09/06, 10:07am reply
The last time I checked, "touch" was a word in the dictionary. So, the only part that needs to be distinctive is the other word in the trademark phrase. I don't know about anybody else, but when I pronounce "HTC", it doesn't sound anything like "iPod".
TheBum
Mac Enthusiast
Joined: Sep 2001
Not Apple touch
09/06, 10:17am reply
Exactly. It's not an "Apple touch"...it's an "Apple iPod touch". I'm not the least bit confused by it. However, the iMac/iPaq issue *did* seem like a deliberate effort since "iMac" was an invented word.
wonderllama
Fresh-Faced Recruit
Joined: May 2007
No, it's not even close
09/06, 11:00am reply
No, it's not even close to the iPod Touch. Why? Look at the operating system, Winblows! The iPod touch uses OSX, a far better operating system to start with. It looks better and does everything better with a lot more class and ease of use. So they can claim what they want, but in the end they will lose!
jhorvatic
Fresh-Faced Recruit
Joined: Apr 2005
Who?
09/06, 11:13am reply
Never heard of the HTC Touch.
jasong
Mac Elite
Joined: Mar 2000
you're kidding me
09/06, 11:29am reply
HTC copied its ideas from the very popularized iPhone. Also, after iPhone is announced, many speculated that there will be an iPod that's iPhone without the phone, some have speculated that it'll be called the iPod touch.
The HTCrap device was previously known as the Elf, renamed to touch only because they are coping the iPhone and the ideas generated by the iphone!
dliup
Fresh-Faced Recruit
Joined: Jan 2006
Well...
09/06, 11:46am reply
If HTC has a problem with Apple's use of the name iPod touch, then I suppose they could go after Maxtor for the OneTouch hard drive too.
Not gonna happen, and if it does happen, it's not going to go anywhere. If they sue Apple, it will be for no other reason than publicity.
madgunde
Fresh-Faced Recruit
Joined: Nov 2002
OK
09/06, 12:47pm reply
So now we're not just reporting about lawsuits of the class action kind, patent infringement kind, and trademark dispute kind, but now we're reporting on the possibility of a lawsuit. And who's making the comment, the offending company? Nope, just some lawyer, probably looking for some cash somewhere.
testudo
Fresh-Faced Recruit
Joined: Aug 2001
..lawyers
09/06, 02:00pm reply
And who's making the comment, the offending company? Nope, just some lawyer, probably looking for some cash somewhere.
Hello Mr. CEO. Do you realize that a multi-billion dollar company has named an extremely successful device a name which includes a word which is the same as a word in the name as your flop? Do you want to make some cash?
Reminds me of those commercials. "If you've ever made a device and named it Touch, you may be included in a class-action lawsuit. Call 1-800-GET-RICH for more information."
SubPop
Fresh-Faced Recruit
Joined: Jan 2006
a rose, by any other
09/06, 02:21pm reply
It's about the product name. Hey, if Apple can get huffy about the word Pod in someone else's product name, what the heck?
Fair is fair.
Flying Meat
Fresh-Faced Recruit
Joined: Jan 2007
couple o' things
09/06, 03:03pm reply
Reminds me of those commercials. "If you've ever made a device and named it Touch, you may be included in a class-action lawsuit. Call 1-800-GET-RICH for more information."
Let's be serious. I've never seen a commercial for a class action suit. Now, "If you've ever been involved in an accident...", "...ever been pregnant and you or your child is suffering from...". Those I've seen all the time.
It's about the product name. Hey, if Apple can get huffy about the word Pod in someone else's product name, what the heck?
Fair is fair.
The airborne meat has a point. McDonald's will sue any eatery with "Mc" in their name. Apple's sued over the word 'pod' (to the point of arguing that 'podcast' might be a trademark). MS has sued on using the word Windows in names.
testudo
Fresh-Faced Recruit
Joined: Aug 2001