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Apple CEO Tim Cook talks about the new Apple Watch Marcio Jose Sanchez/AP/Press Association Images

A small Irish firm is the reason why you may never be able to buy an Apple iWatch

And the company is keeping very quiet about any talks with the US tech behemoth.

SURE YOU CAN get an Apple iPad, iPhone and, for now at least, iPod. But thanks to a small Athlone software company there may never be an iWatch – at least not one made by the US technology giant.

The $616 billion (€484 billion) company has so far had to settle for the name Apple Watch instead thanks to a Europe-wide trademark Athlone-based Probendi took out on the name iWatch in 2008.

Italian ex-pat Daniele Di Salvo set up the Irish company in 2006 to sell software for petrochemical companies and other operations to share critical information in real time.

This morning he told RTÉ radio he “cannot talk about this” when asked if he had heard from Apple over the name or if they had been in talks about the US firm buying the rights.

But he said his company had been in talks with some Chinese firms about making a rival product under the brand iWatch.

We have been contacted by some very important manufacturers in China about the possibility of manufacturing a smartwatch and selling it with the name iWatch,” he said.

“Discussions are still ongoing – we are good at software but hardware is definitely not our business. But we are evaluating the product that we’ve got.”

It’s not the first time this has happened

Apple reportedly paid a Chinese company $60 million in 2012 after a long-running battle over the iPad name, which the Asian firm was claiming the rights to in the key market.

Apple Event Marcio Jose Sanchez / AP/Press Association Images Marcio Jose Sanchez / AP/Press Association Images / AP/Press Association Images

Di Salvo said he planned to keep developing his iWatch software for now as “about 100″ Italian local governments as well as law enforcement agencies in South America were already using the product.

He said the company’s lawyers had been issuing warning to anyone who associated the iWatch name with a smartwatch “because it is not”.

ProBendi Probendi Probendi

He said Probendi was initially incorporated in US as a spin-out from an Italian firm but it was moved to the Republic because “Ireland is a very business -friendly country”.

The Apple Watch isn’t due to be released until next February after software problems forced the company to push back a planned Christmas sale date.

Apple’s latest results showed it sold over 39.2 million iPhones in the three months to late September and turned over $42.1 billion (€32.8 billion) in products for the period.

Probendi is yet to file any annual accounts.

READ: The Apple Watch is on the cover of Vogue China >

READ: Apple maps and 8 other times Apple got it wrong >

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46 Comments
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    Mute Stephen Doyle
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    Oct 29th 2014, 9:17 AM

    I own the rights to iPotato, fingers crossed

    329
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    Mute Larry K
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    Oct 29th 2014, 9:06 AM

    Fair play. 2008 is quite some time ago. Sounds like they own it plain and simple

    180
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    Mute Inntalitarian
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    Oct 29th 2014, 9:21 AM

    Cha ching, enjoy your imminent retirement good sir.

    161
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    Mute Leopold Dedalus
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    Oct 29th 2014, 9:15 AM

    That’s what happens when you have the world’s least original naming policy I guess.

    123
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    Mute Ted Carroll
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    Oct 29th 2014, 9:56 AM

    iKnow

    165
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    Mute Emily Elephant
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    Oct 29th 2014, 10:35 AM

    You guys do realise that you’re posting about unoriginal naming policies on … The Journal?

    14
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    Mute Pinel G
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    Oct 29th 2014, 9:13 AM

    ibet apple didn’t see that coming… Apple will just end up paying him off for the trademark, they wont wont a rival company coming out with a smart watch and selling it with the name iWatch.

    111
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    Mute Emilio
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    Oct 29th 2014, 9:24 AM

    Of course they did that’s why they called it Apple Watch!

    24
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    Mute Pinel G
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    Oct 29th 2014, 10:51 AM

    “Apple paid $60 million to settle a trademark dispute in China over rights to use the name iPad and in 2006, Steve Jobs previewed a product called iTV. When the TV finally hit the markets, its name had to be changed to Apple TV following objections from British television network iTV.”. they have no choice but to call it Apple Watch due to this EU trademark. Its easier for Apple to try and buy the trademark.
    because if some other company does and name its smart watch iwatch, we all know apple will be rightly pissed and will likely Sue for damages or some sort.

    15
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    Mute alpha_chaarlie
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    Oct 29th 2014, 9:09 AM

    Just call it an Apple Watch

    67
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    Mute Try me
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    Oct 29th 2014, 9:19 AM

    Apple gonna buy the name , at the end of the day (Apple will acquire the company) plain and simple.

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    Mute Juan Venegas
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    Oct 29th 2014, 9:58 AM

    @Try me, Apple “Will try” to buy the name, they can’t force them to do anything, is check mate for them, it is very probable that they end up buying the name if they make a very good offer making Di Salvo a rich man, but is up to him to decide, I would take the money, most people would, but don’t take anything for granted

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    Mute alpha_chaarlie
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    Oct 29th 2014, 11:24 AM

    They won’t pay too much for it as Ireland is a small market and they would wipe out their profit margin by paying even a few million. 60 million for the iPad name in China with a population of 1.4 billion. I’d say this guy would be doing well with an offer of a few hundred thousand. Wouldn’t be a bad payoff considering all the guy did was register a trademark.

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    Mute Lech Halabis
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    Oct 29th 2014, 11:46 AM

    The brand iWatch is not only registered in Ireland…

    34
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    Mute alpha_chaarlie
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    Oct 29th 2014, 11:57 AM

    Oops, I missed the part about it being registered Europe wide. In that case I’d be off looking at what Caribbean Islands are currently on the market if I were him!

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    Mute Try me
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    Oct 29th 2014, 12:08 PM

    Try to have a look at the history of Apple acquisition then you will understand what is mean iMoney ruling the world Juan ;)

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    Mute Denis
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    Oct 29th 2014, 2:45 PM

    They did call it the Apple Watch.
    https://www.apple.com/watch/
    They have never called it the iWatch.
    It was a cunning plan, but he’ll get nothing from Apple, they don’t want the name.

    4
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    Mute Emilio
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    Oct 29th 2014, 9:15 AM

    So the company does not currently have a watch-like product called iWatch. And likely never will, but great opportunity for free publicity here.

    Apple could release their watch and call it wrist poo and it would still sell millions anyway.

    Basically a publicity stunt by a nobody that hopes to ride Apple’s success story. They’re just hoping to get some cash from Apple.

    41
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    Mute Leopold Dedalus
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    Oct 29th 2014, 9:16 AM

    And Apple wouldn’t know anything about riding other people’s success now would they?

    89
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    Mute Emilio
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    Oct 29th 2014, 9:23 AM

    They sure do but at least they have produced something unlike this guy. Just a trademark squatter like many others

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    Mute Inntalitarian
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    Oct 29th 2014, 9:25 AM

    Emilio you should be happy for your fellow countryman.

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    Mute Emily Elephant
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    Oct 29th 2014, 9:34 AM

    If I were a nobody who wanted to ride Apple’s success, I wouldn’t start a completely unrelated business in a field where they don’t operate, run it for 8 years, then refuse to talk to RTE about it when I had the chance for free publicity. But maybe that’s just me.

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    Mute Jason Culligan
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    Oct 29th 2014, 9:41 AM

    “They sure do but at least they have produced something unlike this guy. Just a trademark squatter like many others”

    They are producing their own software and have seen market success with it, so your whole trademark squatter claim is quite frankly BS.

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    Mute AR
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    Oct 29th 2014, 9:13 AM

    That guy is one very smart man to have seen this coming since 2008. He should hold out for a billion euro. Not a cent less.

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    Mute Inntalitarian
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    Oct 29th 2014, 9:24 AM

    I’d take 100 mil or so in fairness

    47
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    Mute McCourtney & Sons
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    Oct 29th 2014, 10:07 AM

    Only Time will tell. Watch this space

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    Mute Denis
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    Oct 29th 2014, 11:30 AM

    Ha I bet he was so pissed when Apple called it the Apple Watch instead of the iWatch.
    His big pay day plans up in smoke.

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    Mute Gerry in Laois
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    Oct 29th 2014, 10:46 AM

    Three thoughts on this:
    1. I’d be surprised if Apple were even aware of this company or person before they unveiled their device last month.
    2. Apple are beginning to move away from the “i[device/service]” naming convention. I doubt they were ever going to call their device the iWatch.
    3. If they really wanted the iWatch name, they would find a way to acquire it. Before the iPhone was launched, Cisco had a device with that name. They and Apple reached an agreement.

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    Mute Jimbo Murphy
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    Oct 29th 2014, 9:26 AM

    A functional brain is the reason I’ll never have an I watch or a smart watch or whatever its called. A stupid piece of tech.

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    Mute Sam McAllister
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    Oct 29th 2014, 11:06 AM

    Sent from my iPhone

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    Mute Jimbo Murphy
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    Oct 29th 2014, 11:42 AM

    Sent from my Huawei

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    Mute Marko Burns
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    Oct 29th 2014, 10:08 AM

    Apple would have patents going back 20 years on this. Good luck if it goes to court – he doesn’t stand a chance.

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    Mute Paul Boland
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    Oct 29th 2014, 5:18 PM

    Apple have 3 versions

    Apple Watch
    Apple Watch Sport
    Apple Watch Edition

    Apple Inc have not used the name of iWatch and are not planning to use it
    So they will not need to purchase the rights to iWatch
    Did the person who created this article not bother to see Apple Inc called its new device as Apple Watch

    4
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    Mute vv7k7Z3c
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    Oct 29th 2014, 5:25 PM

    Paul, it says in the second paragraph and several other places in the article that Apple called its product the Apple Watch – the point of the story is why it wasn’t called the iWatch.

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    Mute Gerry in Laois
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    Oct 29th 2014, 8:38 PM

    Peter

    The notion that Apple decided to name its device “Apple Watch” because an obscure software company in Athlone has the European trademark on the name “iWatch” is pretty unlikely.

    Also, while we’re here, where did the story that Apple delayed the launch of Apple Watch because of software problems come from? The samples that the press were shown at the launch event weren’t even working prototypes. It wasn’t delayed. It’s simply not ready. It was never going to be ready in time for Christmas. Apple never said it would be ready, nor had any plans to launch it for this holiday season.

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    Mute vv7k7Z3c
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    Oct 29th 2014, 9:18 PM

    A couple of points – it looks like Apple was pretty keen on calling the product the iWatch only a few months ago: http://www.zdnet.com/swatch-wont-take-apple-to-court-over-iwatch-trademark-7000029185/

    And they had done a fair bit of legwork before that: http://www.cnet.com/uk/news/apple-extends-iwatch-trademark-filings-to-more-countries/

    Given that a trademark is enforceable no matter who owns it (as long as they can afford a lawyer), I think it’s quite possible Apple decided to go with a different name after running into roadblocks in Europe – although I’m sure there were other factors involved too.

    On the release date being pushed back this has been reported in a few places: https://www.theinformation.com/Apple-Employees-Partners-Expected-Watch-This-Year

    Apple may not have officially said they wanted it out for Christmas, but unsurprisingly they only tend to make launch announcements when they’re sure a product is going to be ready on time.

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    Mute Gerry in Laois
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    Oct 29th 2014, 10:36 PM

    Peter

    This is a bit like reporting Apple’s patent applications. Just because Apple patent something doesn’t mean they’re going to bring it to market as a finished product.

    Just because they make a trademark application in a country or territory doesn’t mean they are definitely going to use that name for a finished product. They may just want to stop someone else using it.

    iWatch was the speculative name given to the putative device by press, bloggers and commentators in the months before it was announced.

    The push-back story you link to is nothing more than hearsay.

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    Mute Robert Rusk
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    Oct 29th 2014, 10:20 AM

    This is a bit fishy, I thought to be infringing a trademark it had to be a competitor in the market? Take for instance apple computer (funnily enough) and the Beatles apple music coexisting for many years (up until computer eventually bought music). I don’t think this guy could ever claim that apple were infringing

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    Mute Robert Rusk
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    Oct 29th 2014, 10:24 AM

    [accidentally submitted]
    … their trademark as what he is peddling is nothing like what they are. He seems to have some kind of niche industrial software application, whereas they are selling a consumer electronics device. Who would buy an iWatch that wasn’t made by apple anyway, and why would a competitor want to give their brand the nod? Good luck to him though!

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    Mute Domhnall MacAodhagáin
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    Nov 1st 2014, 8:32 AM

    All he has to do is get a factory in China to make a few hundred smart watches and brand them iwatch.

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    Mute Robert Rusk
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    Nov 1st 2014, 11:29 AM

    Now that I would like to see, and if the price were right he might even sell a few at least based on novelty factor alone … he would really need to be pitching it against the pebble though, at about that price and feature-set and he could do well. Could he deliver the capacity to match any demand? Who knows? He wouldn’t be allowed to mislead people into thinking it was an apple device either. He’d have to do a lot of marketing himself, battling the Apple PR army every step of the way. He’d have to sort his website out too …

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    Mute Daniel Dudek Corrigan
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    Oct 29th 2014, 10:01 AM

    Really? You think company who can buy Ireland is afraid of some irish trademark?

    “i” started with iMac and stood for “internet”. Apple Watch doesn’t have internet connectivity so calling it “iWatch” would be plane silly. Old iPods being an exception here.

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    Mute Larry K
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    Oct 29th 2014, 1:45 PM

    The original iPod was supposed to be an Internet device much like a 1st gen tablet but they then used the name for their portable music player instead as it sounded like a good name.

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    Mute Paul Boland
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    Oct 29th 2014, 4:51 PM

    IWatch is not what Apple is naming it anyway

    It’s been registered as Apple Watch
    There is no need for Apple to acquire the irish registered name of iWatch

    1
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    Mute The_five_lamps
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    Oct 30th 2014, 6:51 PM

    My patent in the name ‘iDildo’ is currently pending.

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    Mute Paul McNevin
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    Oct 29th 2014, 2:58 PM

    I trade named the iPeadar’, haven’t heard anything.

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