Apple and the 9th letter

Much to Apple’s embarrassment, the company may well be on the wrong side of what might become software’s underdog story of the year.

Itty bitty Whangarei, New Zealand-based software company Orbitcoms (the firm employs six including its CEO) is being threatened with legal action by big bad Apple over the name of its Microsoft Dynamics CRM partner software, Orbitcoms iPop, née iPop.

Orbitcoms CEO Tony Shi is well-quoted (well, well-quoted in New Zealand, anyway) as explaining that the “i” stands for “information, intelligence and integration” and the “Pop” is there because the program creates popups when used with Microsoft Dynamics CRM.

When Shi and co. applied to trademark the solution as simply “iPop,” Apple argued that the name was “too similar to iPod.” Out went a second application for the name “Orbitcoms iPop,” but Apple reportedly argued the same way again.

Reportedly, the cost for Orbitcoms to fight a legal challenge could be as high as $50,000, an expense the Kiwi firm cannot realistically take on at present.

The iPop case harkens back to an Apple product name controversy earlier this year, namely the legal threat brought by technology provider Cisco. Within hours of Apple CEO Steve Jobs’ intro the iPhone at the MacWorld Expo in January, Cisco spokesfolk announced they were bringing suit for trademark infringement in a Northern California U.S. District Court.

Cisco had released its Linksys iPhone line the previous month and, in fact, had owned the trademark on iPhone name since 1996, in the category of “computer hardware and software for providing integrated telephone communication with computerised global information networks.”

Cisco senior vice president and general counsel Mark Chandler at that time stated that “There is no doubt that Apple’s new phone is very exciting, but they should not be using our trademark without our permission.” Chandler claimed that his firm were negotiating with Apple over the name and that Apple had “repeatedly” asked permission for use of “iPhone.”

The name of the line did cause confusion in some quarters pre-unveiling on the parts of those who figured that, since Apple has a million products carrying the “i” prefix from iPod to iMac, the “iPhone” must be a Macintosh.

The parties settled up in February, but one wonders if Apple is eventually going to attempt to sue for the legal trademarking rights for all products beginning with “i.”

Apple has yet to comment on the Orbitcoms flap.