On Monday, the first day of Apple's 2014 World Wide Developer's Conference, we discovered that the term HealthKit applies to a new Apple framework kit for software developers to help them create apps that will integrate with a new app, Health, to be included in the scheduled Fall 2014 release of iOS 8.
It was discovered shortly thereafter that HealthKit is also the name of a two-year-old Australian company that enables its customers to track their health and fitness data online, while also providing their doctors access to that data. Doctors can use HealthKit.com to perform administrative, billing and other operational tasks.
HealthKit's (.com) co-founder and managing director Alison Hardacre articulated her reaction on their website's blog. Ironically, Hardacre (a self-described Apple fan) was first alerted to the problem on her iPhone.
"So, today was interesting. I woke up at 4:30 a.m. and turned to my iPhone to check my emails. Someone had emailed me to ask whether Apple stomped all over your name or did we do a secret deal with them. Huh? I got up and turned on my computer and checked our web stats, and discovered we had lots of people on the HealthKit site. A good thing, you'd think. No, not really," wrote Hardacre.
She went on to express her disappointment in Apple's cavalier and sloppy trademark search. She noted it would have taken a simple Google search by Apple personnel, of which there are many, to discover her business.
Hardacre has contacted Apple, and has also encouraged her sympathizers to expose the issue on Twitter, directly to Apple CEO Tim Cook. Apple has yet to respond to Hardacre or the media.
Just guessing, but perhaps Apple's legal team is taking the position that since the Ms. Hardacre's HealthKit customers are patients, health care professionals and the public in general that the conflict is mitigated (soon to be litigated) by Apple's use of HealthKit - an Application Programming Interface, a software development kit that is only useful to software developers and coders.
However, Apple has a long history of trodding upon trademarks and may simply have decided that the risk of legal action would play out in their favor - a David vs Goliath rumble that favors the considerably well-heeled Goliath.
