So first Apple had some legal trouble with Cisco of the iPhone name, and now they appear to be back at it again. This time they are hitting on the HTC Touch name with their new iPod Touch.
A trademark lawyer has already stated that for the most part, the names are different enough to avoid a lawsuit based solely on that fact, but combined with the highly similar functionality, well that’s another story. Mr. Chou over at HTC is quoted to have stated his opinions on the matter, including the fact that he thinks Apple naming their product the iPod Touch is a compliment to the product his company has produced.
However, its what he hasn’t said that could be cause for concern as he hasn’t said one way or the other whether or not HTC will pursue legal action over the matter. So, for now, Apple is good, nothing is going on with the name, but that could change even as soon as launch date for the iPod Touch.
Apple in hot water with HTC over “touch” name? [via electronista]
It’s possible both companies arrived at the name independently and it so happens HTC released their “Touch” first. There are no trademarks (that I can find) so Apple should be okay on this.
I agree that Apple should have nothing to worry about. The word “Touch” is at issue, and it’s too generic to trademark on it’s own. Even Microsoft failed to trademark the generic term “Windows” on it’s own, so there is no chance that HTC could score that win. Apple would had to use HTC in the iPod’s name to violate their trademark.
well you are right, the touch name itself isnt sufficient for a trademark case, but the common name, combined with the common features could be