Apple may face iPhone trademark issue in Japan
Japan's largest intercom maker, Aiphone Co., is said to have approached Apple to discuss the possibility that the iPhone violate its ''Aiphone'' trademark.
Kyodo World Service reports that Aiphone, which is listed on the First Section of the Tokyo Stock Exchange, claims that Apple's audio-centric iPhone handset may infringe on its long-standing trademark.
The Nagoya-based company is said to own the rights to use ''Aiphone'' in Japan and some 70 foreign countries as the trademark for its intercom products.
Representatives from both Aiphone and Apple reportedly declined to comment on the matter, but did not deny that the two companies were in talks with each other.
Back in January, Apple faced similar opposition over its use of the iPhone mark from network giant Cisco, which subsequently filed a trademark infringement suit in federal court.
Apple and Cisco eventually reached an out-of-court settlement that allowed both companies to use the iPhone trademark on their products throughout the world.
Kyodo World Service reports that Aiphone, which is listed on the First Section of the Tokyo Stock Exchange, claims that Apple's audio-centric iPhone handset may infringe on its long-standing trademark.
The Nagoya-based company is said to own the rights to use ''Aiphone'' in Japan and some 70 foreign countries as the trademark for its intercom products.
Representatives from both Aiphone and Apple reportedly declined to comment on the matter, but did not deny that the two companies were in talks with each other.
Back in January, Apple faced similar opposition over its use of the iPhone mark from network giant Cisco, which subsequently filed a trademark infringement suit in federal court.
Apple and Cisco eventually reached an out-of-court settlement that allowed both companies to use the iPhone trademark on their products throughout the world.
Comments
Apple's biggest issue in Japan is dealing the monopolistic monoliths that run Japan's 3 major (OK 2 major, and one pretender) mobile service providers. They won't let Apple get anything near the cut they have in the US without jacking up the price to ridiculous levels. A good example of this is how the Japan iTunes store took years to negotiate and get running, and how its prices are nearly double that of other iTunes stores.
The second issue is that Apple will actually have to put a modern radio in its phones. Nobody here in Japan uses archaic technology like GSM anymore - it's all CDMA and faster protocols. OK, you can use the inexpensive PHS phone network, but that service has lots of problems away from the big cities and isn't particularly fast.
My bet is that it will take 3 years for the iPhone to show up here, if at all. And by then, we'll have plenty of iPhone knockoffs that will do the job for most people.
Dealing with a phonetically identical name is not Apple's biggest hurdle in Japan by a longshot. Nobody cares about the company 'aiphone' in Japan anyway.
Apple's biggest issue in Japan is dealing the monopolistic monoliths that run Japan's 3 major (OK 2 major, and one pretender) mobile service providers. They won't let Apple get anything near the cut they have in the US without jacking up the price to ridiculous levels. A good example of this is how the Japan iTunes store took years negotiate and get running, and how its prices are nearly double that of other iTunes stores.
The second issue is that Apple will actually have to put a modern radio in its phones. Nobody here in Japan uses archaic technology like GSM anymore - it's all CDMA and faster protocols. OK, you can use the inexpensive PSH phone network, but that service has lots of problems away from the big cities and isn't particularly fast.
My bet is that it will take 3 years for the iPhone to show up here, if at all. And by then, we'll have plenty of iPhone knockoffs that will do the job for most people.
I assume you're referring to SoftBank as the pretender company. I would have thought they'd be the most likely partner for Apple in Japan because they're on a drive for growth, they're the most Western-friendly company and well, so far they seem to be thinking, er....different: the Y1000 White Plan has generated the highest sign-up rate of all the carriers recently AND they've got the tie-in with Yahoo regarding email etc on the phone - just like Apple. Even their stores, all white and bright, seem like a complement to Apple's retail look.
I think Jobs said next year for 'Asia' anyway, so that gives them enough time to build a 3G handset - this is surely inevitable anyway sooner rather than later, unlikely to be 3 years.
And I'm sure that while the knockoffs will precede the iPhone here, when it DOES become available, you'll read all about it and they'll be very visible. I think Apple has a pretty high presence in Japan - for a foreign company. I remember a few years ago when the iPod minis debuted, there were a number of Subway stations here in Osaka decked out in Apple Ads, as well as some of the trains. hell, they've even got their own Mac/PC guy TV ads: http://www.apple.com/jp/getamac/
Quick, someone locate the inventor of the EyePhone and let him know!
If phonetic trademarks were an issue, Mars, Inc. would have sued Marshall Mathers a long time ago for his use of the name Eminem.
Actually Homophone tradmarks are challenged quote often. IMNAL, but I believe the general test for them is to show that the trademarks are substantially in the same realm of usage ( i.e. business ), and that damages would occur to the business if the trademarks were to be confused by the consumer.
For instance, it's ok for your Shoe company to come out with a shoe line called "Flash", even if Intel or some other chip manufacturer had trademarked "Flash". If, however, Intel came out with a Chip called "Hexium" and AMD cam out with a chip and called it "X-E-M", Intel would likely win that case because X-E-M could cause consumer confusion by sounding similar to "Hexium" and they are directly competing against each other.
That is a case where the infringment is clear.
This company is arguing that since they are in "kind of" the same business... they have two way radio devices, intercoms, etc, they will suffer damage. They deal in voice. Kind of weak if you ask me, but I can see how they would legitmately fear losing business simply on the popularity of "iPhone". They are worried that their name will get pushed into obsurity simply because of the exposure iPhone will get.
Think about it this way: Say you are a very successful company in your own right, but your products are not sold to the consumer directly. Your products are well known in the industry, but outside of that, your name is stuggling for recognition. You are trying to expand your business and get your name out there and along comes a big company that makes a product that *IS* directed at the consumer and is a sensational success. From now on, no one will ever remember your comapny. The public might even start to think that you may have taken your name to capitalize on the success of the big product.
See what I mean?
Also as others have brought up here, there may be even more significant overlap if the two sound the same in Japanese, which is quite likely noting their somewhat constricted vowel sounds and absense of dipthongs. [ I am also not a linguist.
Just some thoughts... they could also just be in it for the money
Also, if apple really cared, couldnt they sue every company that ever used the phrase iAnything
Its crazy how many companies use things like iPlayer, iHome, iCaught and 100s of other stupid names like that.
While "aiphone" sounds just like "iphone" in Japanese (and English), the issue may depend upon whether or not "Aiphone" is registered in the Roman alphabet in Japan. I assume it is since the company uses that mark on its products in Japan, as opposed to presenting it written with a Japanese alphabet.
An interesting similar case occured in the 70's (?) when Playboy and a Japanese magazine "Pureiboi" fought over the Playboy trademark. Pureiboi was written in katakana, a Japanese phonetic alphabet, and the courts in Japan found it was significantly different from "Playboy" and not a copyright infringement, though when pronounced in Japanese "Playboy" and "Pureiboi" are identical.
hasnt apple tradmarked the phrase iphone since like 1995 or somthing or do i just have a bad memory.
'95 predates any Apple i product. iMac is 1998.
Yeah, Airphone really doesn't sounds like iPhone! in English but in Japanese ...? Ah So! Aiiii! You have to give the points for trying lol
No "r". Ai phone. Ai could mean a few different things depending on what character is used or its context, it is most recognizable as one of the ways to say love.
It is just another poor attempt at publicity or easy money from some pathetic non-innovative company. There are those of us that work hard to make money, and others who sue those who work hard to make money.
So Japan's largest intercom maker is a pathetic, non-innovative company?
If anything, it's Apple who needs the good publicity in Japan, because they sure as hell aren't doing all that well there and many of Apple's offerings are non-innovative compared to Japanese alternatives.
Yeah, Airphone really doesn't sounds like iPhone! in English but in Japanese ...? Ah So! Aiiii! You have to give the points for trying lol
I don't know a lot Japanese, although I do know Chinese and I'm pretty sure in this case the Japanese and Chinese is the same. Aiphone would be pronounced the same way you pronounce iPhone. Somebody else pointed out that it could mean love, the character 愛 (you may have to go to Safari -> View -> Text Encoding, and select Traditional Chinese (Big 5) to see the character) means love and is pronounced the same as 'I'; however, it doesn't seem to be the case.
It does look though like the products that Aiphone produces are very different from the iPhone, so I doubt it will be too difficult to negotiate an agreement so that Apple can use the name in Japan and other asian countries that Aiphone has trademarks registered.
Here's the Aiphone web site in English: http://www.aiphone.co.jp/english/abo...e/profile.html
Dak
It is just another poor attempt at publicity or easy money from some pathetic non-innovative company. There are those of us that work hard to make money, and others who sue those who work hard to make money.
Don't be so bloody stupid!
None! Only 3G phones, even if you're travelling!
I assume you're referring to SoftBank as the pretender company. I would have thought they'd be the most likely partner for Apple in Japan because they're on a drive for growth, they're the most Western-friendly company and well, so far they seem to be thinking, er....different: the Y1000 White Plan has generated the highest sign-up rate of all the carriers recently AND they've got the tie-in with Yahoo regarding email etc on the phone - just like Apple. Even their stores, all white and bright, seem like a complement to Apple's retail look.
Softbank, formerly Vodafone Japan, formerly J-phone is certainly a laggard. They have been a step away from folding up the tent for years. They may have some style, but their substance is lacking. The only thing going for them is price. They had/have this big promo for signups and their system couldn't handle the influx - even crashed. And really - who give's a rat's behind about Yahoo mail. I don't think they are a good candidate, because they aren't regarded by most Japanese as reliable. Their signal coverage is awful - has been for years. That's what has kept them from being a major contender. Au is actually quite 'gaijin-friendly', though I agree they don't cater to us like Softbank has.
I think Jobs said next year for 'Asia' anyway, so that gives them enough time to build a 3G handset - this is surely inevitable anyway sooner rather than later, unlikely to be 3 years.
What Steve says, and what he can do are two different things. Japan's phone market is pretty much closed, and Apple will have to capitulate on something if it wants to have one of the big carriers as partners. When he means Asia, I bet he means outside Japan, because Apple hasn't been paying much attention to Japan's market these days.
And I'm sure that while the knockoffs will precede the iPhone here, when it DOES become available, you'll read all about it and they'll be very visible. I think Apple has a pretty high presence in Japan - for a foreign company. I remember a few years ago when the iPod minis debuted, there were a number of Subway stations here in Osaka decked out in Apple Ads, as well as some of the trains. hell, they've even got their own Mac/PC guy TV ads: http://www.apple.com/jp/getamac/
iPods are certainly succcessful here - but not as dominant as you would expect. More than 70% of the people I encounter on public transport are using something other than an iPod. And you are right that three years ago there were huge iPod ads everywhere. But now they are not as prevalent, and people are generally aware of the fact that iPods are lagging behind other media players available. Remember, they haven't been seriouly updated in nearly 3 years! The only thing going for iPods is the integration with iTunes.
Furthermore, nobody cares about Apple's Mac ads here, except Mac fan boys. Apple's Japan sales have been awful for the last two years or more. Why? No small laptops. Most people here commute on trains and walk. Five pound MacBricks don't cut it when Panasonic, Sony, Toshiba, and even ASUS produce notebooks that are less than 1.5 kg. I think you'll see a bump in sales for the new iMacs, but without a light notebook Apple's sales will remain stagnant. And Apple's image is not what it was a few years ago in Japan. They just aren't the latest cool thing right now. And in this is a very fickle culture for fads.
Softbank, formerly Vodafone Japan, formerly J-phone is certainly a laggard. They have been a step away from folding up the tent for years. They may have some style, but their substance is lacking. The only thing going for them is price. They had/have this big promo for signups and their system couldn't handle the influx - even crashed. And really - who give's a rat's behind about Yahoo mail. I don't think they are a good candidate, because they aren't regarded by most Japanese as reliable. Their signal coverage is awful - has been for years. That's what has kept them from being a major contender. Au is actually quite 'gaijin-friendly', though I agree they don't cater to us like Softbank has.
Hmm..I guess most of what I see and hear in Japan is anecdotal - I have no access to facts and figures. But: my Vodafone unit hasn't had any signal coverage issues in the last couple years, and plenty of people in the US have complained of AT&T coverage but that didn't stop Apple partnering with them. And maybe YOU don't give a rats ass about Yahoo Mail but Apple clearly does don't they? The point is, it's built-in already to the iPhone AND to Softbank's structure.
What Steve says, and what he can do are two different things. Japan's phone market is pretty much closed, and Apple will have to capitulate on something if it wants to have one of the big carriers as partners. When he means Asia, I bet he means outside Japan, because Apple hasn't been paying much attention to Japan's market these days.
Well that's the thing. Softbank are the one's most likely to capitulate TO Apple's conditions. They're the one gunning for growth. And experience shows that Apple DO care about Japan, that's why there's an iTunes store here and not anywhere else in Asia yet.
iPods are certainly succcessful here - but not as dominant as you would expect. More than 70% of the people I encounter on public transport are using something other than an iPod. And you are right that three years ago there were huge iPod ads everywhere. But now they are not as prevalent, and people are generally aware of the fact that iPods are lagging behind other media players available. Remember, they haven't been seriouly updated in nearly 3 years! The only thing going for iPods is the integration with iTunes.
Well again this is just anecdotal isn't it? In my experience I would have put iPod usage at 50% minimum on the Kansai public transport scene. Can't speak for where you are. iPod ads aren't prevalent anywhere on the globe now, not just Japan - they don't need to - they're now the standard. And even if your math is right, in this particular market, for the iPod to carve out 30% on it's own is pretty good actually.
Furthermore, nobody cares about Apple's Mac ads here, except Mac fan boys. Apple's Japan sales have been awful for the last two years or more. Why? No small laptops. Most people here commute on trains and walk. Five pound MacBricks don't cut it when Panasonic, Sony, Toshiba, and even ASUS produce notebooks that are less than 1.5 kg. I think you'll see a bump in sales for the new iMacs, but without a light notebook Apple's sales will remain stagnant. And Apple's image is not what it was a few years ago in Japan. They just aren't the latest cool thing right now. And in this is a very fickle culture for fads.
You got figures about those sales? You're right - there's no sub-notebook from Apple, but my understanding is that against the standard offerings from Sony, NEC, Fujitsu etc, the Macbook and Pro lines compete pretty well sales-wise. but until there are figures we're just talking hot air from opposite ends aren't we?
Whatever, I believe Softbank are the outfit most likely to offer the iPhone in Japan because they're the best corporate fit and I believe they'll do it next year because Softbank - structural issues or not - are in a hurry to grow.