Naming Dispute Brewing Over iPad
Posted 01/28/2010 at 3:31pm
| by Brian Proffit
According
to the New
York Times, lawyers for another company are already contemplating
next steps over Apple's decision to name its new product an iPad—and
the company doesn't make feminine hygiene products. Fujitsu has been
selling a mobile device called an iPad in the U.S. and other places
since 2002.
Fujitsu applied
for a trademark for “iPad” in 2003. That application was rejected
because of an even earlier filing by Magtek for a handheld encryption
device, but Fujitsu revived their application in June, 2009. After
Wednesday's announcement by Apple, Masahiro Yamane, director of
Fujitsu’s public relations division, said, “It's our
understanding that the name is ours.” The Fujitsu iPad is a
multi-function device used in retail applications for things like
allowing store employees to verify prices, checking whether items are
in-stock, and even processing credit cards as a point-of-sale terminal
without having to go to a computer station.
There are enough
similarities between the two devices to potentially cause brand confusion. Both
are handheld computing devices using Wi-fi and Bluetooth, and both
allow VoIP telephone calls. The Fujitsu device is still actively
being sold, and a new
version was released in 2006.
Apple was aware of
Fujitsu's claim when they announced their iPad, and applied (through
a proxy) for an international trademark for the iPad in July, 2009.
Apple has also filed multiple requests with the U.S. Patent Office
for an extension of time to dispute Fujitsu's application. Their
current deadline is Feb. 28 to declare whether they will oppose
Fujitsu's claim to the iPad name.
Apple might be
counting on the fact that Fujitsu's iPad is for a niche market to
keep the price down on a settlement. They went through something
similar with Cisco Systems over the iPhone name and negotiated a
deal.
The Canadian lingerie company, Coconut Grove Pads, has the rights
to sell iPad padded bras, but no dispute with Apple is expected and their
sales shouldn't sag.