Apple which is famous for sending lawyers around claiming
that Steve Jobs invented the 'I' has been told that the letter of the alphabet
really is prior art.
The Australian trademarks tribunal has told Apple to go
forth and multiply when it tried to stop a small company from trademarking the
name DOPi for use on its laptop bags and cases for Apple products. Apple argued that the DOPi name, which is iPod spelt
backwards, was too similar to its own proprietary MP3 player.
In the past Apple has relied on a stiff letter from its
lawyers to stop any company using the letter I in a way that Steve Jobs does
not like. However now it looks like that form of bullying will have
to stop when the tribunal rejected Apple's claim that punters might be confused
into thinking that they were buying an Apple product.
In the tribunal hearing, IP Australia, the government
body that oversees trademark applications, said Apple overlooked the fact that
there were already a large number of products that have the "i"
prefix. They also operate in the same class of electronic goods
as Apple.
Self confessed Apple fanboi, registrar Michael Kirov,
decided that Apple failed to demonstrate that a "person of ordinary
intelligence and memory" would automatically assume that just because a
product carries the letter "i" it is an Apple product. A lawyer only has to prove that a person might have
"cause to wonder" whether DOPi or iPod are made by Apple in order to mount
a case.
Intellectual property lawyer Trevor Choy says this is
possibly the first case in which IP Australia has said no on this issue.