Sears selling a series of 'iWork' toolkits and tool sets

Sears is selling several tool sets and toolkits with the "IWORK" branding. While the product listings may try to deviate slightly from the Apple naming convention by using an initial capital "I," the branding on the individual tools is clearly written as "iWork," an exact copy of Apple's office suite. Ironically, Sears also lists the authentic Apple iWork '09 on its website and sells it through a third-party reseller. A search for the term "iWork" places Apple's product half way down the page in the #12 spot. The top 11 are occupied by Sears' latest line of tools.
These tools are recent additions to the Sears catalog, so they do not pre-date the Apple office suite, which made its debut in 2005. Apple has also held the trademark for IWORK since 2008, but it was for software-only, not hardware like these tools. It seems like Sears is just cashing in on the naming convention and possibly luring some Apple fans as a result.
[It's worth mentioning that Apple has been on the other side of this "who cares if there's another product with the same name?" divide before, with a rather high-profile product introduction: the company branded the iPhone even though Cisco already had some claim to that name. Except with iPhone both were phones. –Ed.]
Update: As Sears and Kmart merged in 2005, these are also available at Kmart.
[Via Obamapacman and Sears]
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Sears is selling several tool sets and toolkits with the "IWORK" branding. While the product listings may try to deviate slightly from the...
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For some reason, products with the letter 'I' in front, other than those made by Apple, to me, just make it sound tacky.
January 04 2011 at 6:24 PM Report abuse Permalink rate up rate down ReplyI find it interesting that they being up cisco having an "iPhone" first and no one mentioned here that cisco also had an "IOS" first too. And guess what... It's an operating system too. Imagine that.
December 30 2010 at 3:33 AM Report abuse Permalink rate up rate down ReplyWhat bothers me most is the PC tool set includes a hammer, for those irreversible fixes you're tempted to made. Of course if your PC is held together with nails I guess it's OK.
December 29 2010 at 5:05 PM Report abuse Permalink rate up rate down ReplyA 101 level class in intellectual property will give you the example of Cadillac automakers vs Cadillac boats. To this day, they are separate companies, separate products, but they both make products that say "Cadillac" on them. Many years ago Cadillac autos took boats to court and the court found that Cadillac boats was not infringing, because the rules state that they are in different industries making different products and therefore no confusion would occur.
It's important to be knowledgeable on your topic when you write about it. If you research it, you are a journalist. If you don't, you either write for a tabloid or are a blogger... oy!
Here is the deal. The article might be wrong. I've purchased multiple of these iWork screwdriver toolkits at Fry's electronics for a long time now. (I got the 52pc screwdriver kit to the right for $10). So, saying that these are new is incorrect, and these actually may predate iWork productivity suite.
December 29 2010 at 1:50 PM Report abuse Permalink rate up rate down ReplyThe whole issue would have been moot if they had used the name iTools. Apple hasn't used that one for years.
December 29 2010 at 1:17 PM Report abuse Permalink rate up rate down ReplyAnd for what it's worth, these are not Craftsman tools. They're just another product that Sears happens to sell. You can probably find them in other places. If it does become a case of infringement, it's not against Sears.
All Sears would have to do is update their website and ship the tools back to the manufacturer.
Your logo may be considered a trademark, defined as a word, symbol, or phrase that identifies and distinguishes a particular manufacturerâs or seller's products from that of another. According to the federal Lanham Act which governs most trademarks, in order for a mark or logo to be deemed a trademark, it must be distinctive and not generic. Generic marks or words receive no protection. If your logo passes the trademark criteria and was registered before that of the second companyâs, certain protections attached with that registration.
The second company may have violated your trademark if its logo is deemed so similar as to cause consumer confusion. To determine possible consumer confusion, courts look at the strength of your mark (how much it evokes your product in consumersâ minds), the similarity of the marks in question, similarity of the product lines, as well as actual confusion. Even where no confusion is shown, and the products are dissimilar, the courts may look at whether the strength of your mark is being "diluted." Definitely check with an attorney experienced in trademark law to determine whether your case falls under internet trademark infringement.
References:Overview of Trademark Law
Patent and Trademark Information
Who cares. No trademark infringement so not news.
December 29 2010 at 1:07 PM Report abuse Permalink rate up rate down ReplyIâd like to see some cross-promotion here.
Come to Sears and get all the tools for your job.
Buy iWork get iWork free.
IGG software had software called "iWork" before Apple. They renamed the product to "iBiz" when Apple bought the mark.
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