Who lies for you will lie against you - Bosnian proverb
|
|
|
Steve Jobs' trademark snafu could be costly
APPLE CEO Steve Jobs seems to think that any app with the word 'pad' in its title uses a registered trademark, according to an email he sent recently.
The developer in question, Chris Ostmo, who created the presumably blasphemous Journalpad Bible Edition, wrote to Jobs after his application and its 'lite' edition were booted off the App Store.
Claiming to have lost thousands on marketing the application, the developer rightly says that this type of behaviour is "destroying Apple's relationship with developers". The clearly talented but seemingly naive developer must be unaware that Steve Jobs doesn't care what he or other developers think, judging by recent actions.
In a typical gruff Jobs response, he tried to belittle the developer by claiming that the inclusion of three letters in the application title meant Ostmo was using "another company's trademark".
The question of whether the word "pad" is a valid trademark is of course complicated, however it's highly unlikely that the US Patent and Trademark Office (USPTO) would grant such a trademark without severe restrictions, if at all. Obviously we're not highly paid patent lawyers but a quick search on the USPTO website quickly reveals some interesting results, none of which support Jobs' claim.
Searching for the word 'pad', unsurprisingly, returns tens of thousands of results. Refining it somewhat to include the term 'computer' in the application's abstract brings that number down to 154. A few in there do sound interesting, such as one entitled "Notebook computer with hidden touch pad" which was filed by Asustek late last year. Cutting closer to the bone, perhaps, is another patent with the title "Pad computer" which was originally filed in October 2003 by a little known computer firm in Massachusetts.
For trademarks things are a bit more interesting. Words are typically trademarked but have to be stylised. For instance the trademark of "PAD" was granted to a German company but only when used with a stylised logo. If Jobs was referring to this particular mark he would be, unsurprisingly, incorrect. The filing states quite categorically, "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PAD" APART FROM THE MARK AS SHOWN", meaning that the word "PAD" isn't trademarked, merely the word when alongside a specific logo owned by the mark holder.
Perhaps more worrying for Jobs' Mob is that the mark "iPAD" was granted in 2008 to German behemoth, Siemens. It would be quite shocking if Jobs wasn't aware of this, so he's not in a good position to criticise anyone else for using the word "pad".
There are many other examples at the USPTO website but it's clear that claiming "pad" is a trademarked word is at best an embarrassing mistake, exhibiting how Jobs lives in his own little bubble, and at worst could it land the cult leader in hot water.
For developers this is yet another example of Apple sticking it to the very people that helped the firm corner the smartphone market. One wonders how long will it be before developers will stop taking such abuse and move over to developing for other mobile platforms. µ
Tags: Apple
Share this:
Share
Nothing lasts forever and by the looks of it, Android seems to be picking up quite the pace these days in the mobile App area....with less restrictions and APPLE B.S
I assume Steve will sue Them also for taking away marketshare from Apple....
One would ask why would developers still opt for Apple platform for their apps when the situation is so dare (no constants, at-the-whim changes, no whitepaper for applying the apps etc.).
Well, the answer, of course, is because they want the money form millions of drone users that buy apps like there is no tomorrow.
So actually it is their own fault, since they known the situation for a longer time than us, the users/readers.
And hence, no pitty for the greedy. They could have (or maybe they do) made money in Android Win marketplaces, there was no obligation so it was a choice of their own :)
No need for discussion at all.
I wish they would market an iPad.... with an iApplicator.
Keep alienating the developers who made your iToys so popular and you may find that developing for a more "open" platform that has more than one device, vendor, and network, is a much more attractive and profitable venture for spurned developers. Pretty soon, you will be surrounded by Androids. What then?
Instead of [appname]Pad it should be renamed MAXI[appname]. Although I doubt the iFuhrer will like that name either.
Even though the hardware has been long discontinued, there was news of related intellectual property rights having been renewed recently for the Newton MessagePad from Apple. I wonder how that might fit into the picture.
By Jobs' rationale, couldn't Lenovo sue Apple to death with the Thinkpad name as prior art?
Our app was also rejected for using the word "Pad" in our app name. The rejection letter clearly stated that we were using the mark "iPad" in our app name and that were prohibited. If the word "Pad" is trademarked by Apple, we should have been specifically denied for using the mark "Pad", not "iPad". Should Apple actually own the mark for the word "Pad", I would really like to see that.
Also, they shouldn't single out certain developers and not all of them. There are tons of other apps that are approved every day which use the word Pad in their app names. I spoke with developers who were approved for apps with the word Pad in their name after my app got rejected.
Here ya go Steve, Maxi-PAD, control pad, etc, :)(had to say it) sick your lawyers on them every thirty days, none will return.
Wow, Kotex, StayFree, OB and other women's product makers had better watch out -- all of their product titles infringe on Apple's "pad" trademark too!
The operative issue here is whether these smaller companies can afford to sue Apple for forcing them to change application names or even if such lawsuits would be productive. In these cases, Apple can always fall back on the contract terms for the app store, which gives Apple pretty much a free hand.
Only if the selling venue was outside the Apple store would Jobs have to really lean on his trademark lawyers, and again it would mostly fall to legal budgets and patience.
Actually, an iPad app using the word PAD in its name, may indeed constitute trademark infringement.
I am not a trademark lawyer, but then neither are the other people posting their opinions.
But I'd bet Apple has a few on staff. You think Jobs ever talks to them?
Sunny Guy
@Neil:
While Apple now owns the iPad trademark, it apparently doesn't hold the iPAD trademark.
And the developer in question didn't have "iPad" in his app's name, only "pad"...
In a court of law, obviously Jobs would lose a trademark challenge. However, in the applications store, he is God. This isn't the first time people realized Apple could change the rules for application distribution whimsically, is it?
Best thing about the PAD? ??
RUNS Windows 95!!!
According to cnet, the trademark has been transferred from Fujitsu to Apple.
http://news.cnet.com/8301-31021_3-20001294-260.html
Do keep up.
As for Jobs, what a turd.
Although I don't feel any sympathy for the developer - maybe he should choose a more open platform in future...
Apple users have no need for a Bible app anyway, as they worship the "Jobs"!
That is Notepad.