apples and droids: turning ideas into IP
The following is a slightly longer version of the my article printed in The Jakarta Globe today (here). A bahasa Indonesia version will be posted later today with the help of Zata.
In the year 1270, Albertus Magnus, a German physician, astrologer and a master of the black arts, created a living automaton in the figure of a man. Using springs, levers and cogs, his invention was said to move and speak. He called it “android”. It is said that when he showed his “android” to his student, Thomas Aquinas, Thomas was so frightened that he smashed it to pieces and denounced it as "a tool of satan and a blasphemy to God".
The term was not used again until the 1860s, when it began to appear in US patents about miniature human-like toy automatons. Then in 1977, film director George Lucas introduced the world to the Star Wars “droids” C3PO and R2D2.
Jump forward 30 years and Lucasfilm is reaping the rewards of a bit of quick thinking. Before Star Wars was released, Lucasfilm registered a slew of trademarks, including the newly coined word “droid”. Today it is registered for everything from toys and games to mobile phones, computer software, MP3 players, laptops, PDAs, digital cameras and hand-held units like Sony’s PSP.
When Motorola announced the launch of its new mobile phone, the Droid, the press was quick to pick up on the association. “This is the droid you’re looking for”, quipped one reviewer, alluding to a scene in the Star Wars movie.
This is exactly why Lucasfilm went to such lengths to protect the word invented by George Lucas. They knew that consumers would make a connection to Star Wars if anyone else used the word “droid” --- even if used on something completely different, like a mobile phone.
Motorola knows it too. It is obvious that the phone’s operating system, Google Android, is the reason Motorola named its phone “Droid”. But Motorola’s advertising has a distinctively science fiction theme with images that remind you of the Terminator movies.
This would not have been possible without Lucasfilm and Motorola reaching some sort of agreement. Registering a trademark gives the owner the exclusive right to use the trademark. Motorola could not use the word “droid” without Lucasfilm’s consent because Lucasfilm has a trademark registration that covers “mobile phones”. That’s exactly what Motorola did: it asked Lucasfilm to give it a trademark licence.
When it comes to defending its trademarks there is no-one feistier than Apple. The technology giant has launched a legal challenge to prevent Australian supermarket retailer Woolworths from registering and using its new logo, arguing it is too similar to its famous Apple trademark.
Woolworths insists that its logo is a stylised ''W'' in the shape of a piece of fruit. Apple thinks it’s an apple.
Apple will have to convince the Australian intellectual property office, IP Australia, that Woolworths logo is similar in principle to its own logo and therefore should not be registered as a trademark. This is no easy feat when it comes to logos. Apart from physical similarities and differences of the two logos, IP Australia also has to consider whether consumers will be confused by Woolworths logo.
The risk of consumer confusion is exactly why Apple is so concerned. It is unlikely that your average consumer is going to confuse Woolworths and Apple. One is a supermarket, the other sells computers, phones and MP3 players.
However, Woolworths has asked IP Australia to register the logo for much more than retail services, its core business. It wants to register the logo for use on a wide range of electrical goods that are typically found in Woolworths supermarkets, including MP3 players and mobile phones.
To complicate things, Apple now has a retail presence in Australia, with stores in Sydney, Melbourne and on the Gold Coast.
It’s easy to understand why Apple is concerned. It is anticipating the unexpected.
It is always worthwhile considering the commercial potential of your intellectual property—even though the potential may not be immediately obvious.
Intellectual property is often the edge which sets successful companies apart. A bit of commercial intelligence can turn an idea into a competitive advantage. Effectively managing intellectual property assets can help maintain a business’ competitive advantage.
These are two examples of how simple ideas can become major commercial issues. Anyone can have an idea. Make sure someone else doesn’t have yours.
Comments [3]
