Loading ...
Did anyone notice the following disclosure at the end of the recent iPhone press release?
Apple, the Apple logo, Mac, Mac OS, Macintosh and iPhone are trademarks of Apple. Other company and product names may be trademarks of their respective owners.
I know we’ve gone round and round about the whole iPhone trademark issue between Apple and Cisco – but the point I want to drive home is this: Apple must have paid an arm and a leg to have the exclusive rights to the mark. The company will in no way shape or form allow anyone else to use it on products or for instance, a domain name.
Reflecting back on our decision to quickly move away from having the mark 'iPhone' (myiphone.com) in our name was a wise one. I predict Apple will take the same course of action similar to shutting down all sites with the mark 'iPod' in the domain name. So here’s my advice to anyone running a site with the mark iPhone in the domain name – change it or you’ll lose it. Apple will most likely pick a handful of the larger sites and make an example out of them, the rest will likely follow suit. I don’t believe Jobs freely hands out advice or threats that he doesn’t intend to follow up with a big stick.
Now why should you re-brand your site? Voluntarily changing the name/domain URL of your site allows you to keep it. Hence you then redirect all your existing traffic to the new URL. This is a much better option than getting a C&D from Apple or worse, lose an arbitration battle, resulting in losing your domain. When you are forced to turn over your domain, you turn over all your existing traffic.
Take my advice for what it’s worth. After all, I’ve gone through one battle with Motorola and won, but was wise enough to not go up against the mighty Jobs.
{ 15 comments… read them below or add one }
I think you’d find that Apple doesn’t have an exclusive right to iPhone, just a trademark.
Trademarks are generally limited to particular markets (although in the modern Internet era, the definition of a market is more flexible than it used to be).
In any case, use iPhone in a manner not likely to be confusing with Apple’s iPhone or Cisco’s iPhone and you’ll be fine.
Use iPhone to create a commercial website talking about Apple’s iPhone and you’d have a very, very difficult time demonstrating that you weren’t doing so in abuse of Apple’s trademark.
Apple and Cisco are going to have a bit more problem with iPhone.com as that site predates either company deciding to have a product named iPhone. But nothing that money can’t solve. But the “Internet Phone Company” will get a lot of slack seeing as how they’ve lived at iPhone.com since 1995. ;-)
reinharden
By the by, re the MOTORAZR suit — if you ask me, that was simply bad lawyering on the part of Motorola. They owned MOTO, they owned RAZR, they should have gone after you for using the two together. Hard to see how they could have lost that.
That you used MOTORAZR to discuss cell phones other than the Motorola RAZR clearly damaged Motorola and there’s simply no way you weren’t trading “on their good name”.
But I’m not a lawyer and I don’t play one on the Internet, so what do I know. But I’d be really surprised if your lawyer in that case hadn’t used some variation of “lucky” in his description of the outcome of that case.
But hey, sometimes it’s better to be lucky than good!
reinharden
[quote comment="3877"]I think you’d find that Apple doesn’t have an exclusive right to iPhone, just a trademark.
Trademarks are generally limited to particular markets (although in the modern Internet era, the definition of a market is more flexible than it used to be).
In any case, use iPhone in a manner not likely to be confusing with Apple’s iPhone or Cisco’s iPhone and you’ll be fine.
Use iPhone to create a commercial website talking about Apple’s iPhone and you’d have a very, very difficult time demonstrating that you weren’t doing so in abuse of Apple’s trademark.
Apple and Cisco are going to have a bit more problem with iPhone.com as that site predates either company deciding to have a product named iPhone. But nothing that money can’t solve. But the “Internet Phone Company” will get a lot of slack seeing as how they’ve lived at iPhone.com since 1995. ;-)
reinharden[/quote]
I don’t think they’ve always owned iphone.com. When I checked prior - it was used for a bunch links…nothing more. I think this so called internet phone company recently acquired the name a couple of years back.
[quote comment="3879"]By the by, re the MOTORAZR suit — if you ask me, that was simply bad lawyering on the part of Motorola. They owned MOTO, they owned RAZR, they should have gone after you for using the two together. Hard to see how they could have lost that.
That you used MOTORAZR to discuss cell phones other than the Motorola RAZR clearly damaged Motorola and there’s simply no way you weren’t trading “on their good name”.
But I’m not a lawyer and I don’t play one on the Internet, so what do I know. But I’d be really surprised if your lawyer in that case hadn’t used some variation of “lucky” in his description of the outcome of that case.
But hey, sometimes it’s better to be lucky than good!
reinharden[/quote]
Lucky? Not really. We were using “motorazr” way before Motorola decided they were going to rebrand the crappy ass RAZR to MOTORAZR. If you look carefully into the case, it was I that originally suggested Motorola should have used MOTORAZR as the name of the phone (in an article I wrote back in 2004 - Motorola didn’t file for trademark until 2006!). Oh well, we forced them to change the name to RAZR2 - of which they lost a bundle in cash branding RAZR to MOTORAZR last year. Had their lawyers weren’t such assholes, I would have been happy to let the domain go.
I am going to hold out for the C&D letter. Want to add it to my collection.
I have the first iPhone Podcast (on Ep. 16 now) and have no plans on changing the name.
Check it out at
http://www.todayiniphone.com
Rob - Host of Today in iPhone Podcast
I have http://www.iphoneservices.com registered in 2004 before launch.
and it is for sale
contact : gjgiraldo@terra.es
[quote comment="3883"]I am going to hold out for the C&D letter. Want to add it to my collection.
I have the first iPhone Podcast (on Ep. 16 now) and have no plans on changing the name.
Check it out at
http://www.todayiniphone.com
Rob - Host of Today in iPhone Podcast[/quote]
true story, I had iphonetoday.com, then let it go. damn - oh well :).
[quote comment="3886"]I have http://www.iphoneservices.com registered in 2004 before launch.
and it is for sale
contact : gjgiraldo@terra.es[/quote]
You can try to sell, but I doubt anyone will buy a domain with “iPhone” in it. It’s too high of a risk in the event that Apple should go after you for using it.
Hey Rob! I really enjoy your podcasts. You do great work!
I’ve got registered with a fair amount of original content on it. I’m gonna hold out for a C&D, too, because I’m having fun really musing on webapp development there.
[quote comment="3897"]I’ve got registered with a fair amount of original content on it. I’m gonna hold out for a C&D, too, because I’m having fun really musing on webapp development there.[/quote]
The site looks really good Trey.
this guys got some big balls - using “apple and iPhone” in one url.
http://www.appleiphones.com/
I have http://www.iphonegadgetstore.com registered.
i placed it for sale on ebay, i am not waiting for a C&D.
I didn’t want to take a chance cuz I’m a chickensh!t… I just decided to make my own personal iPhone blog (actually a What I’m doing with my Apple products blog) at http://www.StevesNewPhone.com
I think I’ll be O.K. with THAT one! Unless Mr. Jobs also has copyrighted “Steve”!
Oh, I forgot!
Great site Vince!
Great podcast Rob!
Leave a Comment