[vicbrooker]

It's a huge distinction if formal legal action happens because Apple can establish quite easily that they have relied on the Kit format for previous software, whereas HealthKit.com doesn't (AFAIK) have any major traction in the software space. Law student here, IANAL, so take this with a huge grain of salt.

Either way, in Australia, both parties would apply under Classes 9 and 44 which covers all computer software and medical services respectively. It's likely that Apple will win on class 9 as "Kit" is far better known in the software community than "HealthKit.com"; and arguably 44 too, depending on Healthkit.com's traction in the medical field.

It's unlikely that Apple's HealthKit and HealthKit's HealthKit would cause confusion in the market - but it makes a silly story to say that Apple's Health (which may have overlapping functionality with the preexisting HealthKit).

Gotta love the media.