Tag Archives: apple legal

Apple wins iPhone5.com domain name

  By Steven Sande | May 17, 2012 - 6:00 pm | Uncategorized
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Apple's attempt to wrest control the iPhone5.com domain name from the hands of a cybersquatter has been a success. TheNextWeb reports that the company's complaint to the World Intellectual Properties Organization (WIPO) resulted in the iPhone5.com domain being handed over to Apple.

The fact that the company has re-obtained the domain name doesn't necessarily mean that the next iPhone will be called the iPhone 5, nor that Apple will ever use the domain name. In fact, the domain is currently being held by Corporation Service Company, a firm that specializes in brand protection and may have been used by Apple to grab ownership.

In the world of intellectual property law, it is considered vital for organizations to actively protect trademarks. In this case, the domain had been registered in 2008 by a group that operated an online forum. While registering the domain, the former owners noted that "it was not endorsed, sponsored, nor otherwise affiliated with Apple" and was "for the sole purpose of entertainment and knowledge."

Apple hasn't been as aggressive in protecting other domain names. It does not own iPad.com, and hasn't attempted to take control of the name. Apple did manage to acquire iPods.com after a protracted battle, but doesn't own iBooks.com (publishing rival Barnes & Noble does) or iBookstore.com.

With all of Apple's intellectual property battles raging around the world, it must feel good to win a small skirmish like this.

Apple wins iPhone5.com domain name originally appeared on TUAW - The Unofficial Apple Weblog on Thu, 17 May 2012 13:00:00 EST. Please see our terms for use of feeds.

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Kodak accuses Apple of interfering with patent sale

  By Kelly Hodgkins | May 17, 2012 - 4:00 pm | Uncategorized
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Things are getting heated in Kodak's patent battle with Apple. In a recent court filing noticed by Total Telecom, Kodak accused the Cupertino company of trying to interfere in its upcoming patent auction in order to avoid paying US$1 billion in penalties and royalty fees.

According to the court document, Kodak says Apple shouldn't be allowed to claim ownership of a key Kodak imaging patent that describes a method of previewing a photo on an LCD. Kodak argues that the International Trade Commission and a US District Court have denied Apple's ownership claims. Apple, however, continues to assert that Kodak misappropriated its technology to get the patent.

If Apple's ownership is upheld, then the company would not have to pay royalties or any infringement penalties to Kodak. It would also prevent Kodak from paying off its creditors by selling this valuable patent in an auction.

Kodak asked the bankruptcy judge to consider this matter during a hearing scheduled for June 14. This would give the court a few weeks to make a decision before Kodak must file its patent auction rules and timeline with the bankruptcy court. Needless to say, Kodak's patent auction would go smoother if there wasn't an Apple ownership claim on one of the company's most important patents.

Kodak accuses Apple of interfering with patent sale originally appeared on TUAW - The Unofficial Apple Weblog on Thu, 17 May 2012 11:00:00 EST. Please see our terms for use of feeds.

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Kodak accuses Apple of interfering with patent sale

  By Kelly Hodgkins | May 17, 2012 - 4:00 pm | Uncategorized
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Things are getting heated in Kodak's patent battle with Apple. In a recent court filing noticed by Total Telecom, Kodak accused the Cupertino company of trying to interfere in its upcoming patent auction in order to avoid paying US$1 billion in penalties and royalty fees.

According to the court document, Kodak says Apple shouldn't be allowed to claim ownership of a key Kodak imaging patent that describes a method of previewing a photo on an LCD. Kodak argues that the International Trade Commission and a US District Court have denied Apple's ownership claims. Apple, however, continues to assert that Kodak misappropriated its technology to get the patent.

If Apple's ownership is upheld, then the company would not have to pay royalties or any infringement penalties to Kodak. It would also prevent Kodak from paying off its creditors by selling this valuable patent in an auction.

Kodak asked the bankruptcy judge to consider this matter during a hearing scheduled for June 14. This would give the court a few weeks to make a decision before Kodak must file its patent auction rules and timeline with the bankruptcy court. Needless to say, Kodak's patent auction would go smoother if there wasn't an Apple ownership claim on one of the company's most important patents.

Kodak accuses Apple of interfering with patent sale originally appeared on TUAW - The Unofficial Apple Weblog on Thu, 17 May 2012 11:00:00 EST. Please see our terms for use of feeds.

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Apple claims Samsung destroyed "vast quantities" of evidence

  By Kelly Hodgkins | May 11, 2012 - 7:30 pm | Samsung
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The dispute between Samsung and Apple is heating up in the United States, with Apple now claiming Samsung destroyed vast quantities of evidence crucial to the case. According to Network World, Apple filed a motion in the Northern District of California that alleges Samsung intentionally destroyed documents it was required to hand over to the court.

The motion points out this is not the first time Samsung has been accused of destroying evidence. A 2004 trial between Samsung and Mosaid revealed that Samsung routinely deleted emails from computers every two weeks, even when it's required to keep them as part of a court case. Apple claims this email deletion practice and others adversely affected Apple's case against the Korean handset maker.

Samsung has until May 15 to file a response to Apple's accusation. A hearing on the motion is scheduled for June 7, 2012. Samsung denies that it destroyed evidence and is asking for an extension until May 29 to respond to the allegations and a delay in the hearing until July 10.

Apple claims Samsung destroyed "vast quantities" of evidence originally appeared on TUAW - The Unofficial Apple Weblog on Fri, 11 May 2012 14:30:00 EST. Please see our terms for use of feeds.

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Proview reportedly rejects Apple’s settlement offer

  By Kelly Hodgkins | May 10, 2012 - 10:45 pm | iPad
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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]

Proview reportedly rejects Apple's settlement offer originally appeared on TUAW - The Unofficial Apple Weblog on Thu, 10 May 2012 17:45:00 EST. Please see our terms for use of feeds.

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Judge throws out Proview lawsuit against Apple in California

  By Kelly Hodgkins | May 9, 2012 - 6:30 pm | iPad
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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.

Judge throws out Proview lawsuit against Apple in California originally appeared on TUAW - The Unofficial Apple Weblog on Wed, 09 May 2012 13:30:00 EST. Please see our terms for use of feeds.

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Proview notes "big gap" in Apple’s settlement terms

  By Kelly Hodgkins | May 8, 2012 - 10:30 pm | iPad
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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 notes "big gap" in Apple's settlement terms originally appeared on TUAW - The Unofficial Apple Weblog on Tue, 08 May 2012 17:30:00 EST. Please see our terms for use of feeds.

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Apple hit with class action lawsuit over iTunes double-billing

  By Mel Martin | May 3, 2012 - 9:00 pm | Uncategorized
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Apple has been hit with another class-action lawsuit for double billing customers in the iTunes store.

New York resident Robert Herskowitz claims Apple charged him twice for the single "Whataya Want from Me" by Adam Lambert. Herskowitz says he contacted Apple and got an automated response telling him his request was being reviewed. The message he received from Apple wasn't so friendly.

"Your request for a refund for 'Whataya Want from Me' was carefully considered; however, according to the iTunes Store Terms of Sale, all purchases made on the iTunes Store are ineligible for refund. This policy matches Apple's refund policies and provides protection for copyrighted materials."

So, the lawsuit is underway, and Herskowitz is looking for others who claim they have been similarly unfairly charged.

You can read the lawsuit online at Justia.

Apple hit with class action lawsuit over iTunes double-billing originally appeared on TUAW - The Unofficial Apple Weblog on Thu, 03 May 2012 16:00:00 EST. Please see our terms for use of feeds.

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Apple/Samsung mediation set for May

  By Kelly Hodgkins | April 30, 2012 - 4:00 pm | Samsung
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Apple and Samsung are fighting a multi-year, multi-country patent battle which includes over 50 different lawsuits. To try to end this fracas, the two companies are meeting on May 21 and 22 in San Francisco to discuss a settlement, according to a report in AllThingsD. Besides a possible agreement, each side must provide the US judge, who ordered this mediation, with "a candid evaluation of the parties' likelihood of prevailing on the claims and defenses."

Apple/Samsung mediation set for May originally appeared on TUAW - The Unofficial Apple Weblog on Mon, 30 Apr 2012 11:00:00 EST. Please see our terms for use of feeds.

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Apple defends its tax practices in the New York Times

  By Kelly Hodgkins | April 30, 2012 - 2:00 pm | Uncategorized
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A recent New York Times article slams Apple for avoiding billions in state and federal taxes using common corporate loopholes. Apple didn't take kindly to this report and has issued a four-paragraph response defending its practices.

The Cupertino company says it pays "an enormous amount of taxes which help our local, state and federal governments." Besides paying taxes, Apple also points out that its "among the top creators of American jobs in the past few years."

You can read the full response on the New York Times's website. Also of note, Forbes magazine has pointed out that one of the key numbers in the Times story -- Apple's supposed 9.8% effective federal tax rate -- is hooey.

Apple defends its tax practices in the New York Times originally appeared on TUAW - The Unofficial Apple Weblog on Mon, 30 Apr 2012 09:00:00 EST. Please see our terms for use of feeds.

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