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freitasm

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#37658 16-Jul-2009 16:06
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I've received a tip today that Apple is not happy with Telecom New Zealand using the brand "iPhone" in the newspaper ads introducing their new iPhone plans.

I've reached Telecom New Zealand for comments on this and received the following:

"We continue to talk with all major device manufacturers regarding future devices for our roadmap. Commenting further about possible devices and ongoing relationships with manufacturers is something we choose not to do."

Of course I wouldn't expect anything more, seeing there are also other negotiations going on.

Obviously there isn't confirmation of this from anywhere else, and I only had one source for this rumour. Anyone else heard anything?







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corksta
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  #236154 16-Jul-2009 16:09
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So can we speculate they are getting the iPhone or does it mean they've now blown it?

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wellygary
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  #236161 16-Jul-2009 16:15
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corksta: So can we speculate they are getting the iPhone or does it mean they've now blown it?


One of Apple's prime concerns in its business model is ensuring that there is a good user experiance (that and a healthy sticker price).

I would be gobsmacked if they did not allow T/com to licence the iPhone in NZ, given its network is a perfect fit, while Vfone's currently drops you back to 2G when you leave their 2100 area in the main urban areas.

I suspect this just is a grumble similar to google and bodypaint, but with Apple and Jobs' reality distortion field anything is possible

NonprayingMantis
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  #236176 16-Jul-2009 16:32
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I'm reading this thread and just to the right of your post is a large ad for Ultra-case.com with the text

"designed for iPhone 3G" on it.


Just thought the juxtopoisiton of that ad with the content of your post was amusing.




freitasm

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  #236198 16-Jul-2009 17:26
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And your point is?





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Marmion
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  #236216 16-Jul-2009 18:50
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I think its petty on Apple's behalf. If I were to purchase a new phone now (entirely possible as my current phone is broke) then the Apple (was) an option (if I could find a suitable plan).
That possibility has taken quite a hit - I already dislike the Apple brand (not a MS fanboi thanks) :)

jayaldous
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  #236220 16-Jul-2009 19:08
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Petty or not, I can imagine Apple wouldn't be impressed. Well, unless they themselves had used such a tactic.

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  #236221 16-Jul-2009 19:17
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Apple seems very protective of there image/brands iphones.. any other device makers act this way ?







BrentR
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  #236222 16-Jul-2009 19:22
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l43a2: Apple seems very protective of there image/brands iphones.. any other device makers act this way ?



Plenty.

I've seen worse over the years. The Motorola Dolce and Gabbana handset had some pretty tight restrictions around advertising and in store promo.

freitasm

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  #236223 16-Jul-2009 19:24
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Marmion: I think its petty on Apple's behalf. If I were to purchase a new phone now (entirely possible as my current phone is broke) then the Apple (was) an option (if I could find a suitable plan).

That possibility has taken quite a hit - I already dislike the Apple brand (not a MS fanboi thanks) :)


Your comments are really strong for a rumour. Remember this is not confirmed and I am seeking more information.





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matt45
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  #236225 16-Jul-2009 19:27
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isnt "iPhone" a trademark? if so legally telecom wouldn't be able to use it unless they were told they could by apple. (im not saying apple said they could use it)

NonprayingMantis
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  #236239 16-Jul-2009 19:54
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freitasm: And your point is?





just that right next to your post speculating about Apple not liking the word 'iphone' used in an ad, is an ad by someone using the word iphone.

Do they get permission from apple first?  Maybe, but there are also gazillions of different manufacturers of accessories that use the word 'iphone' in their bumph many that produce crap that I doubt Apple wouldn't approve of.

Maybe Apple dont care about small fry like that, IDK,  just struck me as amusing juxtoposition that's all.

freitasm

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  #236243 16-Jul-2009 19:58
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NonprayingMantis:
freitasm: And your point is?



just that right next to your post speculating about Apple not liking the word 'iphone' used in an ad, is an ad by someone using the word iphone.

Do they get permission from apple first?  Maybe, but there are also gazillions of different manufacturers of accessories that use the word 'iphone' in their bumph many that produce crap that I doubt Apple wouldn't approve of.

Maybe Apple dont care about small fry like that, IDK,  just struck me as amusing juxtoposition that's all.


I know there are ads that will show the word iPhone. They are shown by Google AdSense. If Apple doesn't want their trademark being on these ads they can just easily request Google to block these. Other companies do.

You are still not addressing the question. The discussion is not about other advertisers, but about Telecom New Zealand.






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NonprayingMantis
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  #236309 16-Jul-2009 23:26
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matt45: isnt "iPhone" a trademark? if so legally telecom wouldn't be able to use it unless they were told they could by apple. (im not saying apple said they could use it)


IANAL, but I'm pretty sure you can use other companies trademarks in your ad, as long as you follow some pretty strict rules about what you can and cannot say.

e.g. the recent whittakers's ad comparing their choccies with cadbury.  Clealry if whittakers weren't allowed to use the cadbury's trademark (and logo, and product etc) in their ad without permission, the ad would never happen - cadbury's would have had it pulled and sued their asses off by now, regardless of how factual it is.

Of course this doesn't really have a bearing on whether apple is annoyed or not.  they could get annoyed without anything illegal happening I suppose.



NonprayingMantis
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  #236313 16-Jul-2009 23:37
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freitasm:
NonprayingMantis:
freitasm: And your point is?



just that right next to your post speculating about Apple not liking the word 'iphone' used in an ad, is an ad by someone using the word iphone.

Do they get permission from apple first?  Maybe, but there are also gazillions of different manufacturers of accessories that use the word 'iphone' in their bumph many that produce crap that I doubt Apple wouldn't approve of.

Maybe Apple dont care about small fry like that, IDK,  just struck me as amusing juxtoposition that's all.


I know there are ads that will show the word iPhone. They are shown by Google AdSense. If Apple doesn't want their trademark being on these ads they can just easily request Google to block these. Other companies do.

You are still not addressing the question. The discussion is not about other advertisers, but about Telecom New Zealand.




got me thinking,  and a quick google implies that they do exactly that.  I found a couple of blogs by people complaining that apple forced google to remove their ads for apple accessories e.g,. http://db.tidbits.com/article/8272  few years old, but talks about exactly what you are referring to.

also, that one contained a link to here which may provide some useful info

http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html


2. Compatibility: Developers may use Apple, Macintosh, iMac, or any other Apple word mark (but not the Apple Logo or other Apple-owned graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced Apple product or technology, provided they comply with the following requirements.


a. The Apple word mark is not part of the product name.


b. The Apple word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with.”


c. The Apple word mark appears less prominent than the product name.


d. The product is in fact compatible with, or otherwise works with, the referenced Apple product.


e. The reference to Apple does not create a sense of endorsement, sponsorship, or false association with Apple or Apple products or services.


f. The use does not show Apple or its products in a false or derogatory light


 


Does the XT ad violate any of those?  maybe part b as the ad doesn't seem to contain any of that type of referential phrase.


 


revolushn
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  #236317 16-Jul-2009 23:52
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Apple seems to like complaining. Just today:

http://www.electronista.com/articles/09/07/16/ms.denies.apple.request/

But hey don't we all?

I can't understand why (and I stress IF) Apple has got miffed by this promotion. Ultimately its going to sell more iPhones (tm). And a bidding war between sellers here isn't going to lower what Apple sells the iPhone (tm) for to these retailers so whats the problem?

Personally I don't think they would be that upset. If they want a great customer experience on their product as someone else has stated they should be praying people use the iPhone (tm) on XT rather than another network.

Add to that, it may well be for them a little like seeing two ants fighting in the middle of a bowl of soup.

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