In the past we have seen many products that have tried to capitalize on the popularity of Apple’s iPhone, such as using “i” in front of its products or naming their products in such a way that made it sound close to “iPhone”. In fact this is exactly what one man from New Zealand did when he named his invention the “driPhone”, which in reality is not a phone, ut rather a series of waterproof cases which could be used to protect a variety of smartphones from getting wet. Unfortunately this naming did not sit too well with Apple, who was obligated by trademark law to protect its trademark or be risk losing them.
Given the way the product was named and spelt, it would seem quite obvious that it was attempting to cash in on the iPhone’s popularity, and Apple sued over concerns that customers might confuse the accessory with their product. Unfortunately the New Zealand courts decided otherwise, ultimately ruling in Hayden Crowther’s (the inventor of the case) favor. Apple has since been ordered to pay Crowther’s costs for defending himself in court, which is typically the case for court cases not from the US. What do you guys think? Would anyone have confused the driPhone for the iPhone?
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