Kiwi’s driPhone versus Apple

appleThough the letter ‘i’ is now widely associated with one of the biggest gadget brands of this new age, Hayden Crowther still believes he has every reason to push through with his invention. A local of Hamilton, New Zealand, Crowther created the driPhone which is a well-built and waterproof case for smartphones of all varieties. However, because of the close similarity with Apple’s iPhone, Hayden Crowther is being asked by the company to simply change the ‘i’ to a ‘y’. Apple would like to oppose his plans to trademark driPhone in New Zealand. Mr Crowther was made aware of this through Henry Hughes last week as Apple’s Wellington-based patent and trademark attorney for Apple.

"The trademark and patent attorney said Apple was doing it to preserve its position," Hayden Crowther said. He also thought that there is “little weight” on this opposition from Apple.

According to the company, keeping his driPhone "would be likely to deceive or cause confusion" and that it was even against the law of New Zealand. The company also emphasized that "the applicant’s trademark, or an essential element of it, is identical or similar to a trademark that is well-known in New Zealand [iPhone]".

Mayden Crowther was given until April 1 to respond to Apple’s allegations however it seems that driPhone’s creator already has his own decisions and will stick to it. According to him, having an ‘i’ instead of a ‘y’ took lesser space in the logo and it would cost him less to fight Apple’s opposition instead.

With this, Mr Crowther will most likely push through with his plans to register his trademark to the rest of the world.

He also had preliminary discussions with James and Wells intellectual property lawyers in Auckland in preparation for Apple’s opposition. Mr Crowther received Apple’s notice of opposition last Friday and will be discussing the case this week.

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