Apple May Be Using 'Brightflash' Shell Company to Pursue iWatch Trademark Protection

Following our report yesterday about Apple expanding its trademark protection to use the "Apple" name in association with jewelry and watches in a number of countries, MacRumors has discovered that Apple may be quietly continuing to pursue trademarks on the "iWatch" name itself.

Evidence of Apple's interest in the iWatch name surfaced last June as the company began registering for trademarks on the "iWatch" name in a number of countries. Several major countries including the United States were not included in that list, and it was unclear whether Apple was holding off due to conflicts with pending trademark applications in those countries or if there were other issues in play.

At the time, reports mentioned several of those conflicting applications in the United States, but we now believe that one of those applications may in fact be Apple itself operating in disguise using a shell company by the name of Brightflash USA LLC. While MacRumors has yet to discover a smoking gun linking Apple to Brightflash, there are several pieces of circumstantial evidence pointing in that direction, thereby suggesting that Apple is indeed continuing to quietly lay the groundwork for an iWatch launch.

- Timing: Brightflash filed its iWatch trademark application in the United States on June 5, 2013, alongside the surge of applications by Apple in other countries during the span of June 3-5. While it is possible that the timing is a coincidence or the result of a separate company moving extremely quickly to apply for the mark after news of Apple's applications in other countries started breaking on June 5, this would appear to be unlikely.

- Concealed company structure and location: Brightflash is registered in Delaware, a common location for incorporation due to the state's business-friendly laws. According to state records, Brightflash was formed on June 27, 2012 and the company uses the Corporation Trust Center in Wilmington, Delaware as its address. That building serves as the home of hundreds of thousands of companies, streamlining the process of locating in Delaware and providing a level of anonymity for companies registering using the firm's services.

brightflash_corp_listing
- Few leads on company representatives: Efforts to determine Brightflash's executives and representatives have proven difficult as well, with the initial trademark application using attorney John Sullivan at the same Corporation Trust Center address. Last month, Brightflash filed a change of attorney form with the U.S. Patent and Trademark Office listing a David Harris also at that address, with that document signed by a manager "J. Yori". It is possible that this is Joan Yori, an executive with Stewart Management Company, a firm offering services for establishing so-called special purpose entities.

SMC offers a full service domicile management package including office space, employees, officers and directors, accounting services, and coordinates services with recommended local legal and banking providers.

- Legal links from Ecuador: As we noted yesterday, Apple filed for a trademark on the "Apple" name in Class 14 (jewelry and watches) in Ecuador last December, and the attorney who facilitated that application was Alejandro Ponce Martinez, a principal attorney with Quevedo & Ponce in Quito. Ponce has helped Apple with a number of other trademark applications, including recent filings for iOS 7 icons and iPad Air, and just weeks prior to the Apple jewelry filing he helped Brightflash file its application (PDF: page 164) for the "iWatch" mark.

In an initial response to Brightflash's U.S. application for the iWatch trademark, the examiner cited several prior pending applications from other firms that would potentially be confusing with Brightflash's desired usage. As a result, Brightflash late last month filed its own response requesting that its application be put on hold until the other pending applications were either granted or abandoned. Last week, the patent examiner issued a letter granting the suspension of Brightflash's application for the time being. If Brightflash is indeed Apple, the company would very likely make an effort to acquire the rights to any of the other trademarks if they are granted.

Brightflash continues to file trademark applications in other countries, including Australia and Macau. And just last month, United Kingdom and Denmark were added to the list, indicating that the firm is indeed still interested in protecting the iWatch name. As noted by French site Consomac [Google Translate], Brightflash is pursuing registration of the iWatch name in at least four dozen countries around the world.

Brightflash is also attempting to trademark the "Brightflash" name itself in a number of countries, and it is unclear whether this is simply part of the process of pursuing the iWatch mark or if there is an additional feature or product that could use the Brightflash name.

In the background of any efforts by Brightflash or Apple to secure a U.S. trademark on the iWatch name is a years-long battle between Swiss watchmaker Swatch and New York firm M.Z. Berger. MZB applied for a U.S. trademark on the iWatch name back in July 2007 and the application was nearly approved before Swatch opposed the mark on two fronts: potential confusion with the Swatch brand and a lack of intent by MZB to actually use the iWatch name.

An appeals board has ruled that MZB should not be awarded the trademark on the basis that there is no evidence of MZB's intent to use the iWatch name at the time of filing, although Swatch's claim of potential confusion was not found to be warranted. Both parties appealed the respective decisions against them late last year, and the case remains unresolved.

Apple's potential use of Brightflash as a shell company to hide its efforts to protect intellectual property would certainly not be the first time the company has engaged in such tactics. Last November, the company created an entity by the name of CarPlay Enterprises to file a U.S. trademark application on the term "CarPlay", which last month became the new name for the previously named iOS in the Car feature in iOS 7.1.

In an earlier example leading up to the launch of the iPad, Apple used a shell company by the name of Slate Computing to protect "iSlate" and "MagicSlate" while using a separate firm under the name IP Application Development to secure the "iPad" name.

Related Roundup: Apple Watch 10
Buyer's Guide: Apple Watch (Neutral)

Popular Stories

iPhone 17 Pro 3 4ths Perspective Aluminum Camera Module 1

iPhone 17 Pro Launching Later This Year With These 12 New Features

Sunday April 13, 2025 7:52 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of April 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone ...
Apple 2025 Thumb 1

10 Products Still Coming From Apple in 2025

Friday April 11, 2025 4:14 pm PDT by
Apple may have updated several iPads and Macs late last year and early this year, but there are still multiple new devices that we're looking forward to seeing in 2025. Most will come in September or October, but there could be a few surprises before then. We've rounded up a list of everything that we're still waiting to see from Apple in 2025. iPhone 17, 17 Air, and 17 Pro - We get...
Beyond iPhone 13 Better Triad

Apple's 20th Anniversary iPhone May Finally Go All Screen

Tuesday April 15, 2025 6:31 am PDT by
Apple is preparing a "bold" new iPhone Pro model for the iPhone's 20th anniversary in 2027, according to Bloomberg's Mark Gurman. As part of what's being described as a "major shake-up," Apple is said to be developing a design that makes more extensive use of glass – and this could point directly to the display itself. Here's the case for Apple releasing a truly all-screen iPhone with no...
iOS 19 Roundup Feature

iOS 19 Will Add These New Features to Your iPhone

Tuesday April 15, 2025 7:37 am PDT by
The first iOS 19 beta is less than two months away, and there are already a handful of new features that are expected with the update. Apple should release the first iOS 19 beta to developers immediately following the WWDC 2025 keynote, which is scheduled for Monday, June 9. Following beta testing, the update should be released to the general public in September. Below, we recap the key...
Foldable iPhone 2023 Feature Homescreen

Foldable iPhone Resolutions Leak With Under-Screen Camera Tipped

Monday April 14, 2025 3:12 am PDT by
Apple's upcoming foldable iPhone (or "iPhone Fold") will feature two screens as part of its book-style design, and a Chinese leaker claims to know the resolutions for both of them. According to the Weibo-based account Digital Chat Station, the inner display, which is approximately 7.76 inches, will use a 2,713 x 1,920 resolution and feature "under-screen camera technology." Meanwhile, the...
iPad Pro iPadOS

iPadOS 19 Will Be 'More Like macOS' in Three Ways

Sunday April 13, 2025 6:43 am PDT by
A common complaint about the iPad Pro is that the iPadOS software platform fails to fully take advantage of the device's powerful hardware. That could soon change. Bloomberg's Mark Gurman today said that iPadOS 19 will be "more like macOS." Gurman said that iPadOS 19 will be "more like a Mac" in three ways:Improved productivity Improved multitasking Improved app window management...
Apple Vision Pro with battery Feature Blue Magenta

Vision Pro 2 Rumored to Have Two Key Advantages Over Current Model

Sunday April 13, 2025 7:15 am PDT by
Apple is working on a new version of the Vision Pro with two key advantages over the current model, according to Bloomberg's Mark Gurman. Specifically, in his Power On newsletter today, Gurman said Apple is developing a new headset that is both lighter and less expensive than the current Vision Pro, which starts at $3,499 in the U.S. and weighs up to 1.5 pounds. Gurman said Apple is also...
Apple Bristol Current

An Apple Store in the UK is Permanently Closing Later This Year

Monday April 14, 2025 7:33 am PDT by
Apple has confirmed that it will be permanently closing its retail store in the heart of Bristol, England, and there is no replacement in sight. Apple Bristol in 2023 Apple Bristol will be closing its doors on Saturday, August 9, due to redevelopment plans at the Cabot Circus Shopping Centre, and the adjacent Bristol Shopping Quarter. According to news reports, and a building application, the ...
iPhone 6s MacRumors YouTube

Apple Says These Products Are Now Vintage

Tuesday April 15, 2025 9:53 am PDT by
Apple today updated its vintage products list to add the 2018 Mac mini and the iPhone 6s, devices that will get more limited service and repairs now that they are considered vintage. The iPhone 6s initially launched in 2015, but Apple kept it around as a low-cost device until 2018, which is why it is only now being added to the vintage list. The iPhone 6s had Apple's A9 chip, and it was...

Top Rated Comments

Mad Mac Maniac Avatar
143 months ago
Is Macrumors doing investigative reporting now?? Interesting...
Score: 14 Votes (Like | Disagree)
Above The Gods Avatar
143 months ago
Yes, we. you know, the public, the ones in charge of the political process and therefore all laws and statutes enacted?

When did you and I become in charge of anything? I don't remember giving myself a tax hike.
Score: 8 Votes (Like | Disagree)
Schurkasol Avatar
143 months ago
iBand?

I still don't see Apple calling its wearable device "iWatch". Because this name would indicate that the device was primary a watch-like device with some extra smart features (like the gear). I think there's a better chance it's going to be called "iBand". Apple applying for the trademark "iWatch" seems like the same misleading strategy as "iSlate" back in 2009/2010.

Coincidentally the Trademark "iBand" also belongs currently to what seems like a shell company 'Blue Jewels Inc' and was applied by Mark D. Bowen, a lawyer specialising on shell companies & patent applications.

The description in the trademark application reads as follows: "Personal short-range wireless enabled notification device for providing a user with notification of incoming communications received by a wireless enabled smart device"

Trademark: http://trademarks.justia.com/owners/blue-jewels-inc-2708882/
Mark D. Bowen's company: http://www.mhdpatents.com

:cool:
Score: 7 Votes (Like | Disagree)
Above The Gods Avatar
143 months ago
We probably shouldn't allow for "secretive" companies at all.

"We"?
Score: 5 Votes (Like | Disagree)
IJ Reilly Avatar
143 months ago

It's not like that. Jobs repeated the 3 devices in 1 mantra like crazy during the unveil "A phone, an internet device, a media player" or something like that. The messagge was that iPhone was smarter than the other smartphones not "just a phone".

How soon we forget. A "smart phone" at that point wasn't very smart. No apps, for one thing. All of that came later. Not that it wasn't part of the plan, but initially Apple was entering what was already at that time an established product category, the primary function of which was entirely relevant. The objective was to do the phone better than it had been done. The problem with this new product being called a "watch" is that hardly anyone is looking for a better watch. That's a much tougher sale. In terms of positioning, Apple would be far better off creating a new category of wearable tech that they can define and doesn't carry any historical baggage.
Score: 3 Votes (Like | Disagree)
IJ Reilly Avatar
143 months ago
shocked, disappointed..... It's just a name....:confused:

Of course it isn't "just a name." These things matter. They communicate what the product is about.

----------

Didn't they call it's mobile computer the iPhone? Has this name indicated to people that the device was primary phone-like with some extra smart features?

When it was released, the iPhone was really just a phone, and it was designed to go head-to-head with a whole lot of other phones. The important distinction being that a watch is ancient, single-purpose tech, that a lot of people see as obsolete. Apple calling their a new wearable tech product a watch would not position it very well.
Score: 2 Votes (Like | Disagree)