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iPod nano Another Creative Lawsuit?

zen-nano-ipod-nano.jpg

I am not a legal expert so I am just posing this question. Is there an infringement on Creative’s Zen Nano brand name? Burger King cannot sell a burger called the “Burger King Big Mac” can they? Can Nissan make a car and call it the “Nissan Civic”? It is an infringement on their product brand name or is nano too common of a word?

[Product Pages: iPod nano | Zen Nano]

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Comments

yufa on September 7, 2005 4:46 PM

"nano" isn't even that cool of a word. (IMO)

hmm. the iPod nano looks pretty cool. i was wondering when they would come out with a smaller version of the iPod.

Anonymous on September 8, 2005 6:51 AM

As long at Creative did not register the name nano they are home free... nano is just an ordinary word - like meter, milk or big - they would always have to pair it with something to register; like Creative Zen nano or iPod nano... but then - it strucks as kind of funny this one though... at least another triumph for Creative - and I bet someone at Apple hates this :)

Mark on September 9, 2005 8:27 AM

"Is there an infringement on Creative’s Zen Nano brand name?"

Creative (manufacturer name, trademarkable); Zen (product name, trademarkable); Nano (description, not really trademarkable)

Apple (manufacturer name, trademarkable); iPod (product name, trademarkable); Nano (description, not really trademarkable)


look at "GT" in the auto world

Mustang GT
Nisan Skyline GT
PT Cruser GT
Ferrari 250 EUROPA GT
Lamborghini Murciélago GT
Lamborghini Diablo GT
Ferrari Dino 206GT
MGB GT
Porsche 356 GT
Toyota Celica GT

etc., etc.

And don't worry about any legalities re: the Apple Mac Mini and the OB Comfort MINI - tampon!!

Suresh on September 9, 2005 11:55 AM

Apple has almost nothing to gain (and a lot to lose) by associating its ultra cool looking device with a pos like Creative's.

ben on September 11, 2005 3:27 PM

I might be wrong, but I think if a word is part of the public domain as a description of an object or property it cannot be trade marked apparently I havnt read it up . Like hoover, PC , nylon, polythene, micro

Robin on September 12, 2005 11:00 AM

Maybe Creative would be happy instead... Now there's a small chance some people will buy their crappy Zen Nano instead of the iPod nano cause of name mixing.

Sibyl on September 16, 2005 2:45 AM

Heh, I was thinking the same thing that Robin pointed out. That would screw up Creative if people made the mix-up, since they would of course be pissed at _Creative_, not Apple.

Jack on October 6, 2005 12:08 PM

Apple would argue that it isn't "Nano" that is important for the companies, but instead, it is 'iPod" and "Zen".

To put it into context for your example above:
Nissan wouldn't sell a Civic. However, both Nissan and Honda may have a car that is a ______ LE.

Civic LE.
Sentra LE.

Jack on October 6, 2005 12:09 PM

Apple would argue that it isn't "Nano" that is important for the companies, but instead, it is 'iPod" and "Zen".

To put it into context for your example above:
Nissan wouldn't sell a Civic. However, both Nissan and Honda may have a car that is a ______ LE.

Civic LE.
Sentra LE.

daz on November 16, 2005 10:43 PM

err. to the poster above. i don't mean to be a pedant, but hoover is a trademark. i think you mean vacuum.

NRen2k5 on May 11, 2006 10:58 PM

Robin. Kindly research what the fuck you're talking about. Zen Nano has some preferable features over iPod Nano. It isn't "crappy".

Have a nice life you sad Apple fanbitch.

NRen2k5 on May 11, 2006 10:59 PM

Also, Zen Nano comes at a much better price point.

Lemau on May 24, 2006 7:08 AM

That, and Creative are specialized in sound. Apple isn't exactly specialized, e.g. Mac (Suckiest computer ever), iPod (I think we're clear on this that Zen > Pod), and my personal fave: iPhone (flashy, easily breakable DECT phones)

Creative: Sound cards, Sound equipment, MP3 players, Speakers, Webcams (with sound!)

Tim on September 29, 2006 11:34 AM

Zen Nano Plus
1GB, FM radio , voice record, work well w/ Windows Media Player ( 9+)
=$69.99


Ipod Nano
1-2 GB, no FM, no voice record, go w/ Itune = $129.99

Travel around w/ music in ur ear = PRICELESS :-)

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