“High Tech Computer (HTC) celebrated its 10th anniversary on Thursday with a rare compliment from Apple: the company adopted the same name HTC uses on one of its smartphones for the iPod Touch,” Dan Nystedt reports for IDG News Service.
Nystedt reports, “HTC, the Taiwanese handset and PDA (personal digital assistant) maker, earlier this year launched the HTC Touch, a Microsoft Windows Mobile 6 Professional OS smartphone designed with one-touch screen features, viewed by many as a rival to the iPhone.”
MacDailyNews Take: Many? Who, exactly? Does the HTC Touch really look like a credible rival to Apple’s iPhone? Let’s take a look:
Apple’s iPhone:
HTC Touch:
‘Nuff said.
Nystedt continues, “Upon hearing of the name of the new iPod, HTC president and CEO Peter Chou said, ‘HTC Touch is a trademark, but I can’t comment right now,’ on whether HTC might file suit against the company.”
“A trademark lawyer in Taipei, speaking on condition of anonymity, said descriptive words normally can’t be trademarked, but added that if the HTC Touch and the iPod touch share similar functions, such as allowing users to play digital music, then Apple may face a legal hassle. The HTC Touch does allow for digital music storage and playing,” Nystedt reports.
More in the full article here.
So this little company thinks it has a case because apple called the device the ipod ‘touch’?
Bloody ridiculous – iPod touch sounds nothing like HTC touch.
Stupid and this case has no legs and will be laughed out of court.
No merit. First, the iPod is a music player, not a cellphone so they technically do not compete in the same space as trademark infringement requires. Second, the word touch is the generic action one takes on a product of this nature. Is HTC going to try to stop all manufacturers of touch sensitive products from using the word touch? Don’t think so.
In a related case. Coca Cola sues Apple over the use of the name Classic in the new iPod Classic.
i am going to sue appl eover the use over the letter “i” which clearly refers to me…..
Meanwhile, Divinyls announce a lawsuit claiming damages against their classic iTouchMyself.
@ Divinyl
D’oh! Sorry, you beat me to it!!!
The HTC Touch is a joke, are they really serious about this thing? It’s slow, not very responsive and cumbersome, it will most likely crash at least once a day, have syncing problems and be an easy target for viruses.
Mr. Hankey from South Park is also reportedly suing MS for copying his likeness with the Zune.
First, this is about a word. Touch – right.
Let HTC Touch and co… sue Apple for the word.
THEN you will see APPLE slam them hard for all the things that appear so similar to iPhone.
Or was HTC the first touch screen phone? MutiTouch is a far better interface and has more potential to the user.
I’m suing all posters who have used he word ‘lawsuit.’ I have word-marked the term as a trademark. In my trademark application, I have demonstrated how this word is new euphemism for “incredibly-lazy, sleazy, shyster-driven crap.”
Pay up or else…
MW: “Away” as in «Wasn’t Bush’s “torte reform” supposed to toss frivolous wastes like this one away? Oops. Forgot it M$ that donated to buy Republican protection.»
*waves at the Divinyls & Cathy Dennis*
*laughs at HTC*
Buh-bye.
Hey MDN, format the site for the iPhone. These photos don’t show up.
Relax, sweet mama.
There’s enough sexy to go around.
Creative must be much more worried than HTC.
They have a zen touch (discontinued) who is a media player like the Ipod
I’m sure Apples attorneys were well prepared for this claim before the iPod touch was even announced. They wouldn’t have named it iPod touch unless they felt confident they would prevail.
I hereby trademark the word “trademark” for use in trademarking a name, logo, color, idea, thought, omission, lack of thought, texture, curve, squareness, etc. Now every time there is a trademark filing, publication, or dispute, all parties must pay me.
There’s also a Zen Nano and a Zen Touch.
I don’t see this being a problem.
I checked the USPTO records and Apple has a better priority claim for MULTI-TOUCH than HTC does for HTC TOUCH. Apple’s application claims the following goods: “handheld mobile digital electronic devices with electronic mail, digital data transmission, audio player, video player, handheld computer, personal digital assistant, electronic organizer, electronic notepad, telephone, computer gaming, and camera functions, and computer software for use with such devices.” Sounds like the HTC Touch. If there is going to be a problem, maybe it is HTC who is going to have to deal.
Apple should flip HTC the “iFinger”
I remember that, many years ago, Audi sued Maserati over the use of the term “quattro”. Maserati successfully argued that “quattro” simply meant “four” in their native Italian and they could therefore use it any way they wanted, as long as it was in the context of describing “four”. I think Apple has a similar case: as long as they are describing “touch” they are home free, it’s HTC that are purloining foreign words for their trademark.
Winblows crap! Nuff said.
i know: call it iPod WiFi
Lelu multipass.
Remember when Creative was reported to have been considering suing Apple for using the name “nano”? We all see how well that went…
A little off topic:
I think Apple will release Leopard when they release the iPod touch.
Why?
Look at the menu bar on the iPod touch… it’s very Leopard.
If HTC’s has to use a stylus, then surely you could argue about misdescription.
Surely “HTC Poke” would be closer to the mark for that product!
Years ago Miller Brewing thought they had a trademark on Miller “Lite”, but lost out suing Busch and other brewers when they came out with their brews called “xxxx Light”.