Apple loses exclusive 'iPhone' trademark in China

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China don't care

Can't wait for the GAF defenders saying there's nothing wrong with ripping off someone else's brand and creations

http://finance.yahoo.com/news/apple-loses-china-trademark-case-100246471.html
Apple Inc has lost a battle for the use of the "iPhone" trademark on leather goods in China after a Beijing court ruled against the world's biggest technology company in favor of a local firm, state media reported.

The Beijing Municipal High People's Court said Xintong Tiandi can continue to use the phrase "iPhone" on its leather goods, according to the Legal Daily, the official newspaper of China's Justice Ministry.

Apple declined to comment.

The U.S. tech supremo has repeatedly found itself tangled in intellectual property disputes in China where the sheer number of companies means trademarks are often taken by little-known players.

Some enterprising firms are quick to snap up trademarks that are known overseas but not registered locally, in the hope of a pay-off down the line.

In 2002, Apple applied for the "iPhone" trademark for computer hardware and software in China, but that was only approved in 2013.

Xintong Tiandi created its trademark for leather goods in 2007, the first year Apple's iPhone went on sale. The U.S. firm has been disputing the Chinese firm's intellectual property rights since 2012.

The Beijing court dismissed Apple's appeal, saying the U.S. firm could not prove the "iPhone" brand was well-known in China before 2009, when it first started selling the handsets on the mainland.
 
Can't wait for the GAF defenders saying there's nothing wrong with ripping off someone else's brand and creations

You know you could've started the thread off being less of a dick, but I guess you weren't hoping to have a real discussion about this anyway were you?

I almost feel compelled to argue in favor of China solely because of your post.
 
China is hilarious with this stuff, but American firms wanted to make money off the new middle class there, naively thinking they would not have to deal with this fuckery.
 
There's nothing wrong with China taking Apple's name. They deserve it because they suck.
 
Are you satisfied, OP? Now you don't know who's really downtalking Apple and who's making fun of you.


Also, that's stupid. iPhone-Apple is like the most recognizable brand correlation out there.
 
thread title is extremely misleading.

the other company got their trademark in 2010 concerning leather goods, but Apple only got theirs in 2012, two years later.

it's the other company that lost the exclusive trademark, not Apple.

Apple managed to get approved to share and got declined to get more than that.
 
Personally I don't care.

This is the same company that tried to sue Woolworths in Australia for their logo;

woolworthslogo.png
 
it says that Apple filed the trademark in 2002, but it was only approved in 2013, meanwhile the other company applied for and was granted the trademark in 2007?

presumably it's not unusual for China to do this kind of thing?

Poor patent troll apple, the company that patented turning pages virtually...

isn't a patent troll a company that patents an extremely loosely described invention, does nothing with it, and then tries to sue a company that actually implements it a long time later? i'm not sure this describes apple.
 
oh noes,. apple can't sell leather wallets branded iphone in china. whatever will they doooo
 
it says that Apple filed the trademark in 2002, but it was only approved in 2013, meanwhile the other company applied for and was granted the trademark in 2007?

presumably it's not unusual for China to do this kind of thing?

When does China care about US copyright laws?

If Apple wants a slice of the Chinese market, they're going to have to dance like everyone else.
 
Hard to care about a company as big as Apple not being able to exclusively use the word iphone on leather crap in China. Boohoo.

Want to do business in China? You have to deal with their bullshit, just like everyone else deals with Apple's and other big companies' bullshit everywhere else.
 
When does China care about US copyright laws?

If Apple wants a slice of the Chinese market, they're going to have to dance like everyone else.

I didn't say anything about US copyright—the article states that Apple applied for a copyright in China in 2002 which was only approved in 2013.
 
What's wrong, someone else had the name trademarked before them in China, I understand that you're suprised that a big corporation hasn't won a legal battle in this case, but the Chinese government haven't acted unjust in this case.
 

Well, this seems somewhat reasonable:

The Beijing court dismissed Apple's appeal, saying the U.S. firm could not prove the "iPhone" brand was well-known in China before 2009, when it first started selling the handsets on the mainland.

I mean sure, to have a brand called iPhone for leather pants seems weird, but as a larger point it seems to make sense.

How do you justify getting into a market years later than a local company and just take over the brand just because you're well known in your own country?

So it's either go global or risk getting fucked, which I'm not all that against to be honest.
 
it seems to me more like anybody can now release a product with the name iPhone?

No, not based on the information given in the op at least.

The Beijing court dismissed Apple's appeal, saying the U.S. firm could not prove the "iPhone" brand was well-known in China before 2009, when it first started selling the handsets on the mainland.

I'm thinking they can prove it in 2016, so new contenders need not bother
 
I didn't say anything about US copyright—the article states that Apple applied for a copyright in China in 2002 which was only approved in 2013.

They applied for a trademark and weren't granted it until they actually started trading. That is a perfectly normal practice of trademark law across the world
 
Are you satisfied, OP? Now you don't know who's really downtalking Apple and who's making fun of you.


Also, that's stupid. iPhone-Apple is like the most recognizable brand correlation out there.

Where you live, but we have no idea whether that's true or not in China (at least I don't). I imagine that's for sure not true in North Korea. So it seems reasonable to me they should have to be able to prove something like that before being able to take the trademark from a local company.
 

Keyword: Almost.

From what I gather, Apple made a generic filing for the word "iPhone" for electronic devices back in 2002. In 2007, Xintong Tiandi filed for the trademark "IPHONE" for leather products. In 2010, Xintong's trademark was granted, then finally in 2013 Apple's trademark was granted.

2007 was the initial release of the iPhone, and you could reasonably argue it was not a worldwide phenomenon at the time. So there's no reason why a wholly different company local to china, can apply for a chinese trademark, on a name that at the time would not be considered a conflict in China. If you're stuck on the fact that Apple initially applied for that trademark back in 2002, would this mean I could reasonably apply for just about every potential trademark under the sun and when years later someone decides to release a product under a similar name, I can jump out and say "Hey, I applied for a really similar name long before you did!", even if i had never been granted that copyright until after them? That's not how it works.

I'm more annoyed at how you wanted to come into this thread already with the right "answer" to how we should be treating this. You expected people to come in and argue China was in the right, and tried to shut them down/hand wave them away just calling them "defenders" like you didn't want to have an actual discussion.
 
China is hilarious with this stuff, but American firms wanted to make money off the new middle class there, naively thinking they would not have to deal with this fuckery.

I'm not sure any of them would naively think they wouldn't have to deal with the fuckery. I'm sure they know full well they'll deal with it, but it's worth the money. If they don't try and make money off that Chinese middle class someone will just use their name and do it anyway.
 
thread title is extremely misleading.

the other company got their trademark in 2010 concerning leather goods, but Apple only got theirs in 2012, two years later.

it's the other company that lost the exclusive trademark, not Apple.

Apple managed to get approved to share and got declined to get more than that.

Also of note, the other company applied for it back in 07 for leather goods, before the phone was on sale there.
 
I'm not sure any of them would naively think they wouldn't have to deal with the fuckery. I'm sure they know full well they'll deal with it, but it's worth the money. If they don't try and make money off that Chinese middle class someone will just use their name and do it anyway.
Yup.
 
Why does China get away with copyright infringement every time?

"it's cool you have these products, but we're going to copy them and use your name and you won't be able to do shit about it"
 
thread title is extremely misleading.

the other company got their trademark in 2010 concerning leather goods, but Apple only got theirs in 2012, two years later.

it's the other company that lost the exclusive trademark, not Apple.

Apple managed to get approved to share and got declined to get more than that.

Poor patent troll apple, the company that patented turning pages virtually...

Keyword: Almost.

From what I gather, Apple made a generic filing for the word "iPhone" for electronic devices back in 2002. In 2007, Xintong Tiandi filed for the trademark "IPHONE" for leather products. In 2010, Xintong's trademark was granted, then finally in 2013 Apple's trademark was granted.

2007 was the initial release of the iPhone, and you could reasonably argue it was not a worldwide phenomenon at the time. So there's no reason why a wholly different company local to china, can apply for a chinese trademark, on a name that at the time would not be considered a conflict in China. If you're stuck on the fact that Apple initially applied for that trademark back in 2002, would this mean I could reasonably apply for just about every potential trademark under the sun and when years later someone decides to release a product under a similar name, I can jump out and say "Hey, I applied for a really similar name long before you did!", even if i had never been granted that copyright until after them? That's not how it works.

I'm more annoyed at how you wanted to come into this thread already with the right "answer" to how we should be treating this. You expected people to come in and argue China was in the right, and tried to shut them down/hand wave them away just calling them "defenders" like you didn't want to have an actual discussion.

No hey, that Chinese company probably thought up "iPhone" all by themselves the same year the iPhone went on sale, I mean it sounds super Chinese and all. There's no way they hijacked the name of another company's world famous product for their own profit. Your moral compasses are infallible.
 
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