Though I'm curious to hear from someone with more legal knowledge than me: would the fact that there's very little chance of collision between these names protect either party from legal repercussions?
Though I'm curious to hear from someone with more legal knowledge than me: would the fact that there's very little chance of collision between these names protect either party from legal repercussions?
Naturally, this same reasoning can be used to challenge the use of the same trademark in a different domain, something clearly accepted by law.
It's one thing to have theoretically defensible IP, and other thing entirely to actually be able to.
Assuming equal resources backing the legal teams, it would probably be sufficient that they are both forms of software, as all software trademarks are lumped together in the single category. There might be some sort of passing off action one way or another but it would be more likely to come from Apple than HealthKit.
There seems to be overlap between the Health app and Healthkit.com which I suppose is the real issue. Hard to tell if Healthkit truly got sherlocked though, because I can't tell what they do from their website past management software.