TrademarkInfringement
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'Choose Your Own Adventure' publisher sues Netflix over 'Bandersnatch'
Netflix's choose-your-own-adventure style film Black Mirror: Bandersnatch is the subject of a new lawsuit, brought against the streaming giant by Chooseco LLC. The company is known for publishing the "Choose Your Own Adventure" book series popular in the 1980s and 90s, and it's claiming Netflix infringed upon its trademarks, Variety reports. Netflix tried to obtain a license for Chooseco's trademark in the past, according to Chooseco, but never reached a deal with the publisher.
Google reveals Alphabet, but BMW already owns that trademark
Google co-founder Larry Page unveiled a surprise restructuring yesterday with the announcement of Alphabet, a new company that owns Google and all of its semi-related products. Google's stock soared 5 percent directly after the announcement, the world was busy dissecting the meaning of alpha and bet, and things looked rosy for the new company. However, there could be one problem: BMW owns the trademark and .com domain for "Alphabet." And it doesn't want to sell, a spokesperson tells the New York Times.
Apple, Amazon ordered to settle 'app store' suit
Since March 2011, Apple has been battling Amazon in court over the use of the name App Store. In an order handed down yesterday, Judge Elizabeth LaPorte told the two companies that she wants them to sit down and negotiate a settlement. The pair are scheduled to meet on March 21st, says a report in iPodNN. Apple filed its App Store trademark infringement lawsuit against Amazon shortly after the retail giant launched its app store for Android devices. Apple claimed Amazon's "Appstore" would confuse customers and make them think it was an Apple sanctioned store. Apple owns a trademark on "App Store" and "Appstore" in the UK, while a US application for the term is currently pending approval at the USPTO.
Russian Railways levies trademark infringement against Apple
At this point, we practically expect to see a new legal charge brought against Apple every day of the week, and oftentimes that is indeed the case, but this one is particularly interesting: TechCrunch reports that Russian Railways is charging Apple with trademark infringement, seeking 2 million roubles (roughly US$65,000) in damages. The suit itself is rather vague and avoids citing exactly where Apple is allegedly in the wrong. The statement notes that Apple has infringed on Russian Railways' RZD trademark and used it in pictures on one of its digital marketplaces. TechCrunch points out that this could be due to the use of RZD images on third party apps available for iOS, though it hardly seems appropriate to attack Apple rather than the apps creator. At this time, Apple hasn't issued an official statement on the case.
Proview reportedly rejects Apple's settlement offer
Earlier this week, a report suggested Apple and Proview were far apart on a settlement for the iPad trademark in China. According to Sina, the difference between the two companies is about US$384 million. The report claims Apple offered Proview $16 million for the iPad name and the Chinese company rejected the offer. Proview reportedly wants $400 million from Apple so it can appease its creditors. [Via The Next Web]
Judge throws out Proview lawsuit against Apple in California
A California judge threw out Proview's iPad trademark lawsuit against Apple in the US, according to a report by the Wall Street Journal. This dismissal is inconsequential to the trademark case which is making its way through the Chinese court system. Apple asked for and was granted the dismissal which lets the Asian court system make the final decision on the trademark infringement suit. Apple and Proview are discussing settlement terms for the infringement case which is being heard in Guangdong province. A recent report suggests there is a wide gap between the settlement being proposed by the two companies.
Proview notes "big gap" in Apple's settlement terms
Apple and Proview are talking settlement in their dispute over the iPad trademark in China, but the two companies are far from reaching an agreement. Roger Xie, lawyer for Proview, told Bloomberg, "The Guangdong Higher People's court is trying to mediate this, and both parties are trying to negotiate and come to a settlement. Right now, there is still a big gap between the two sides on the settlement amount." Proview is battling Apple over the rights to the iPad name and claims it still owns the trademark. Apple asserts it bought the trademark from a division of the Chinese company in 2009. The dispute has made its way to the Guangdong Higher People's court after Apple appealed a lower court ruling that said Proview owned the iPad name.
Proview spokesperson says iPad settlement "likely"
The dispute between Chinese display maker Proview and Apple over the iPad trademark may be nearing resolution. The Guangdong High Court wants the two companies to reach a settlement over the dispute that started when Proview's Taiwan subsidiary sold worldwide rights to the trademark to Apple in 2009. The registration of the trademark was never transferred to China, and financially troubled Proview has been attempting to stop Apple from using the iPad name. According to Ma Dongxiao, a lawyer for Proview, "It is likely that we will settle out of court. The Guangdong High Court is helping to arrange it and the court also expects to do so." Ma stated that "Actually Proview always expected to settle out of court from the beginning. I don't know if Apple has changed its attitude, but I believe that the key point now is the price." Apple spokeswoman Carolyn Wu said that the company had no new comment about a possible settlement and released a statement that mentioned that Proview "still owe a lot of people a lot of money, they are now unfairly trying to get more from Apple for a trademark we already paid for." Despite the comments about a possible settlement, a senior official with the Chinese State Administration for Industry and Commerce (SAIC) today said that "According to the ... provisions of the China Trademark Law, currently Shenzhen Proview is the legal registrant of the iPad trademark." The comments from Fu Shuangjian, a deputy director of SAIC, are the first that have been made from a government official about the case and could very well forecast the direction that the court may rule -- in favor of Proview. That would most likely mean an expensive settlement for Apple to retain the iPad name in China.
Daily Update for February 20, 2012
It's the TUAW Daily Update, your source for Apple news in a convenient audio format. You'll get all the top Apple stories of the day in three to five minutes for a quick review of what's happening in the Apple world. You can listen to today's Apple stories by clicking the inline player (requires Flash) or the non-Flash link below. To subscribe to the podcast for daily listening through iTunes, click here. No Flash? Click here to listen.
Apple won previous legal victory over Proview
Apple has been fighting a trademark infringement battle in China over the use of the term "iPad". The opponent? A Chinese display manufacturer by the name of Proview. Although Apple has recently lost the ability to sell iPads in several Chinese cities due to Proview requesting injunctions against the tablet Goliath, the Wall Street Journal is reporting that the High Court of the Hong Kong Special Administrative Region upheld Apple's claim to the iPad trademark in mainland China last July. Proview is viewed as a company that is trying to stay alive by using the courts to extract money from Apple. The monitor manufacturer will reportedly be delisted from the Hong Kong Stock Exchange in June if it is unable to improve its finances. The court decision noted that Proview had "breached an earlier agreement to transfer the iPad name to Apple," electing instead to not transfer the trademark to Apple and asking Apple to pay US$10 million for it. Proview then sued Apple in late 2011; Apple countered with a lawsuit of its own in mainland China, but the courts found in favor of Proview. Proview has recently filed complaints with the Chinese customs bureau to attempt iPads from being imported and/or shipped overseas, which would cut off Apple's supply of the popular tablet to the rest of the world. Fortunately for Apple, the customs officials noted that such a ban on shipments would be "difficult to implement" due to the popularity of the iPad in China and the size of the Chinese market. For Apple, the finding of the Hong Kong High Court from last July may be all the ammunition it needs to finally rid itself of the irritating Proview trademark suits.
Hong Kong court allegedly sides with Apple in iPad name dispute
If you've been following the latest bub around the hub, you may remember Apple's recent scuff with Shenzhen-based Proview Technology -- the Chinese outfit that holds the local trademark on the name "iPad." Not only did Apple lose a trademark lawsuit for the iPad name, but some time later mainland government had the slabs removed from retailers in the city of Shjiazhuang. Now, Apple's claiming that a Hong Kong court has sided with it in a similar battle, saying in a statement to China Daily that they purchased "Proview's worldwide rights to the iPad trademark in 10 different countries several years ago," referring, perhaps, to the deal they made Taiwanese arm of the company, "Proview refuses to honor their agreement with Apple." Xie Xianghui, Proview's lawyer, shot back with his own statement, explaining that the court merely ruled that the trademark couldn't be sold to a third party before hearing ends, claiming that this move does not count as a ruling in Apple's favor. Xie went on to suggest the issue stemmed from Apple underestimating the legal complications of doing business in China.
RIM gets kicked while down, sued over BBM trademark (update: RIM comments)
It's been a long December for RIM, and there's reason to believe this year won't be any better than the last. This month, the company was sued for its use of the BBX trademark and was forced to change its name to BlackBerry 10; then, it all hit the fan when co-CEO Mike Lazaridis broke the news that phones running the aforementioned OS won't arrive until late in 2012. And let's not even get started on the quarterly earnings report. Sadly, it's not over: BBM Canada, a Toronto-based broadcast industry group that has used the BBM moniker in one way or another for six decades, wants to reclaim its name -- used and made popular by RIM's BlackBerry Messenger service -- and has filed a lawsuit against the phone maker for trademark infringement. BBM Canada CEO Jim MacLeod says he's made several attempts to resolve the matter with them in hopes of avoiding the courtroom -- even to the extent of offering to rebrand his own company as long as RIM footed the bill -- to no success. MacLeod told The Globe and Mail that "I find it kind of amazing that this wouldn't have been thought about before they decided to use the name -- the same thing goes for BBX." And according to court documents, it actually was: in February 2010, RIM attempted to apply for the BBM trademark with the Canadian Intellectual Property Office, was told that it wasn't registerable, and still went ahead and used it for its BlackBerry Messenger service anyway. We'll see what kind of explanation the company has for going ahead and using the three-letter acronym in a couple weeks, since a hearing has been scheduled for January 11th. Update: RIM just sent us an email with an official statement regarding the matter: Since its launch in July 2005, BlackBerry Messenger has become a tremendously popular social networking service. In 2010, RIM started to formally adopt the BBM acronym, which had, at that point, already been organically coined and widely used by BlackBerry Messenger customers as a natural abbreviation of the BlackBerry Messenger name. The services associated with RIM's BBM offering clearly do not overlap with BBM Canada's services and the two marks are therefore eligible to co-exist under Canadian trademark law. The two companies are in different industries and have never been competitors in any area. We believe that BBM Canada is attempting to obtain trademark protection for the BBM acronym that is well beyond the narrow range of the services it provides and well beyond the scope of rights afforded by Canadian trademark law. RIM has therefore asked the Court to dismiss the application and award costs to RIM. Further, for clarity, RIM's application to register BBM as a trademark with the Canadian Intellectual Property Office (CIPO) is pending and we are confident that a registration will eventually issue. The inference by BBM Canada that CIPO has refused RIM's BBM trademark application is quite frankly very misleading.
Chinese court rejects Apple's claim to the iPad name, faces potential sale ban
Before starting to sell the iPad in China last year Apple attempted to trademark the name in the country, but that request was rejected since it was already owned by Shenzhen-based Proview Technology. Apple reached an agreement with the Taiwanese arm of the company for global rights to the moniker, but the Chinese unit, which owns the trademark in that particular country, wasn't so willing to hand over the deed. Apple sued, but the Shenzhen Intermediate People's Court rejected Cupertino's claim to ownership earlier this week and now the iPad manufacturer finds itself on the wrong side of a battle over intellectual property rights. Proview Technology has targeted resellers in Shenzhen and Huizhou, demanding an immediate halt to the selling of the iOS tablet. If successful the company plans to expand its quest for an iPad ban to the rest of China. Obviously, Apple can (and likely will) appeal the decision, but we're interested to see how this one shapes up.
Apple strikes settlement with NYC vendors accused of selling counterfeit products
Remember that lawsuit Apple filed against a pair of Queens stores accused of selling fake iDevice accessories? Well, it looks like it's coming to a close. According to Reuters, Cupertino has reached a settlement with the two Chinatown-area retailers, both of which have agreed to hand over all products emblazoned with the Apple name or logo. If the settlement is approved, the two vendors, Fun Zone and Apple Story, will have five days to clear all counterfeit iPod and iPhone accessories from their inventories, along with any allegedly trademark-infringing promotional materials. The defendants, who maintain their innocence, would also be barred from destroying any records of sales, manufacturing or distribution of the unauthorized cases and headphones -- presumably as part of Apple's ongoing crusade against counterfeiters. Apple Story, meanwhile, would have to change its name, which bears an obvious similarity to another well-known outlet. The proposed settlement was filed with a Brooklyn District Court on Thursday and now awaits the approval of US District Judge Kiyo Matsumoto. Neither Apple nor the defendants have commented on the case.
Apple not happy with food company's logo
Apple is accusing a Chinese food company of trademark infringement over its fruit-themed logo. The Sichuan Fangguo Food Co., Ltd. uses a round red logo with a stem and leaf. Apple claims this logo borrows conceptual elements, specifically the leaf, from its logo. Fangguo's CEO Zhao Yi disagrees. Zhao does admit the logo is supposed to represent an Apple (it is a food services company that makes noodles and flour), but his logo has a distinct stem, Chinese characters and is a different shape than Apple's logo. Zhao also notes that the logo was originally designed in the 1980s and transferred to Zhao in 1997. Apple wants the company to remove the leaf from its logo, but CEO Zhao refuses to cave in to Apple's demand saying "I'm Fangguo, it's a fruit, if the leaf is removed, it'll just look like a bomb." Thus far, Apple's Chinese legal team has not followed up on this request. [Via MacObserver]
Apple cracks down on counterfeit products sold in NYC, files lawsuit against Queens vendors
There may be more than a few fake Apple Stores in China, but for the moment, Cupertino's anti-KIRF crusade seems focused squarely on New York City. According to Reuters, Apple has filed a trademark infringement lawsuit against two stores in Queens, alleging that they sold unauthorized cases, headphones and other accessories for the iPhone, iPad and iPod. In the complaint, the company claims that the products in question were all emblazoned with its familiar fruit logo, along with the phrase, "Designed by Apple in California. Assembled in China." The suit also demands that one of the stores, called Apple Story (seriously), change its name to avoid confusion with the real retail outlet and that both vendors disclose full lists of people who both supplied and purchased the goods. It all began when company representatives visited the Chinatown-area stores on "multiple occasions over several weeks," where they bought and examined the items, described in court records as "exact duplicates" of their authentic counterparts. On July 27th, Apple executed a few ex parte seizure warrants, which allowed authorities to seize any goods bearing its logo. US District Judge Kiyo Matsumoto has already granted an injunction to stop the stores from selling the alleged knockoffs, but hasn't yet decided whether Apple Story will have to change its name. The complaint also seeks undisclosed monetary damages and asks that all existing counterfeit goods be destroyed, though court documents suggest that both sides are close to reaching a deal. Neither Apple nor the defendants have commented on the accusations, but we'll let you know as soon as we learn more. In the meantime, check out this KIRF "iPhone 5" we found in Beijing -- a Java-powered handset that's slimmer than the Galaxy S II and a bit laggy, but boasts a multitouch capacitive screen. Asking price? ¥680, or about $106. %Gallery-131124%
Amazon freezes new Appstore submissions in Germany
Amazon is freezing new Android app submissions to its Appstore that originate from Germany. Amazon said new admissions would be accepted again soon, but did not provide an exact date. Until Amazon re-opens the floodgates, German developers must hold onto their apps or submit them to the Android Market. Amazon claims this ban is the result of legal action from Apple over the use of the term Appstore. The exact legal reason behind this decision was not discussed, but, according to Electronista, it may be the result of Germany's application of International trademark law. Apple filed a trademark dispute against Amazon and asked for an injunction that would prevent the online retailer from using this term. Apple was not awarded this injunction and the case remains active in the Northern District of California. A trial is expected to begin in Ocotober 2012.
Apple's request for preliminary injunction denied, Amazon's Appstore needs no alias
Remember when Apple sued Amazon, claiming the online retailer was infringing its "App Store" trademark? To stop Bezos and his boys from using the "Appstore" moniker for their Amazonian Android Market, Apple filed for a preliminary injunction last month, and today the judge denied that request. Despite the Cupertino company's claims of consumer confusion and brand dilution, the court found in Amazon's favor -- in part because the term "app store" is descriptive and is used by plenty of mobile software purveyors. Of course, this doesn't end the legal shenanigans between these two tech titans, but it does mean that Amazon's Appstore can keep its incredibly original name... for now. Want the full breakdown why Apple got a judicial stiff arm? Dig into a copy of the order denying its motion in the source link below.
Apple may settle iCloud trademark lawsuit says legal expert
Apple may settle a trademark lawsuit with iCloud Communications according to patent and trademark lawyer Brad Salai of Harter Secrest & Emery law firm. Apple was slapped with a trademark infringement lawsuit following its big iCloud announcement at WWDC last week. The company, iCloud Communications LLC, claims part of its business focuses on cloud computing, and Apple's new service is confusingly similar. It's an interesting lawsuit from a legal standpoint. Apple has filed 11 applications for the iCloud trademark and purchased the right to an existing trademark as well as the domain iCloud.com from Xcerion. A USPTO database search suggests iCloud Communications has not registered for the iCloud trademark. It also uses geticloud.com for its domain. The Arizona company will have to argue that it has a common law right to use the trademark. In Salai's opinion, Apple will likely settle a small lawsuit to get iCloud Communications out of the way. If the Arizona company pushes for a large monetary settlement that prevents Apple from using the iCloud name, the Cupertino company will take its chances in court. [Via The Loop]
iCloud Communications sues Apple for obvious reasons
You probably know the drill by now -- Cupertino introduces a new product with a name that ostensibly belongs to someone else, and for better or worse that someone decides to take Apple to court. Today, it's iCloud Communications charging out of the left corner to sock Apple's iCloud square in the wallet. Arizona-based iCloud Communications appears to be a VoIP equipment and service provider, though in court documents it claims to be a cloud computing company as well, and says that it's been using the term iCloud (and the above logo) to sell such services since 2005. It's asking the court to destroy all of Apple's iCloud marketing materials, pay damages and even invalidate the iCloud trademark that Apple bought from Xcerion -- the only registered iCloud trademark so far -- but what's probably going to actually happen here is a nice little settlement out of court. We'll let you know if there's any reason to break out the popcorn. [Thanks, Tamaine M.]
