Are you suggesting that they give the little guy a break, but treat their billion dollar competitors harsher?
They can't even if they kind of want to. Trademark and trade dress requires that you act to protect against any offensive no matter how small. If you ignore one group over another then it gets into that 'you don't really care so we are going to take away this mark/dress completely'
At the time we receive an Apple burofax which counsels us to destroy our tablets without recourse to justice for alleged plagiarism of his product ipad, we denounce criminally threatening otherwise.
Quote:
Originally Posted by charlituna
It might seem excessive but was it overstepping Spanish law for such patent cases. If it wasn't then calling what Apple did extortion is a tad much. They were just playing the game by the rules and tactics given to them.
Go destroy your stuff because we say and don't even think to talk that to the lawyer.
Does that fall inside the definition of "rules and tactics given"?
They can't even if they kind of want to. Trademark and trade dress requires that you act to protect against any offensive no matter how small. If you ignore one group over another then it gets into that 'you don't really care so we are going to take away this mark/dress completely'
I don't have an issue with a C&D letter, even a suit asking for any injunction. Let a civil court decide if they're treading too close to Apple's products. Criminal charges? You really think that's a common tactic? Imagine Motorola asking that an an arrest warrant be issued on Tim Cook for failing to remove Apple's infringing products from Germany as quickly as Moto wants.
That's what I take issue with. As I first stated, perhaps Apple thought they had some good reason to go that route other than just an intimidation tactic. I could change my mind if there's something unusual in this particular case. On the surface it doesn't look good.
It might seem excessive but was it overstepping Spanish law for such patent cases. If it wasn't then calling what Apple did extortion is a tad much. They were just playing the game by the rules and tactics given to them.
Hey, Gatorguy has a job to do, and his job is to spin everything negatively for Apple/iOS, and positively for Google/Android. He'll tell us that he doesn't really know Spanish law, and he was just posting the information to be "helpful". Of course, he doesn't find the extortion claim excessive, that's against Apple. You just have to view everything that Gatorguy writes as shameless propaganda.
I personally think this was lawsuit strategy on Apple's legal teams part, As we all know Apple as not filed any lawsuits again Google who developed Andriod, they are only going after the hardware makers and they are attacking the weakest ones first, Yes they went after Motorola and Samsung, but the one they are winning against are against the weakest companies with little or not IP treasure chest of their own.
The Strategy is to win judgement against smaller companies and use it to force other to comply or else. The reason patent trolls usually go after as many companies as they can is to try and get a few of them to settle out of course and they they turn around and use those settlement to convince the others to settle. I think Apple maybe using similar strategies with all the companies they went after either to get them to settle like Nokia did or win cases like with HTC and then force other to follow suit.
So maybe apple was over the top on this small no name Spanish company, thus the reason for their counter complaint.
Hey, Gatorguy has a job to do, and his job is to spin everything negatively for Apple/iOS, and positively for Google/Android. He'll tell us that he doesn't really know Spanish law, and he was just posting the information to be "helpful". Of course, he doesn't find the extortion claim excessive, that's against Apple. You just have to view everything that Gatorguy writes as shameless propaganda.
Asking that criminal charges be filed against a tiny tablet manufacturer when they don't immediately bow down does amount to intimidation and bullying, waaay overstepping IMHO. Perhaps Apple may have some good reason to have been overtly aggressive, and my opinion might change after the little guy publishes the communications from Apple over the next week or so. No matter what, this isn't going to get Apple much sympathy and they'll come off looking like the the bad guy.
Something is wrong with this article, but I'm not sure what. I doubt that Spanish law permits a company to indict anyone. If the law in Spain is anything like most of the world, they can file a lawsuit or ask an Attorney General or District Attorney to files criminal charges. Indictments can only be filed by the state.
You guys have no idea WTF you're talking about. It's not just the appearance. It's specific technologies and specific patents. Take it from the guy whose younger brother is an IP attorney and former patent examiner.
They clearly had good reason, as this is not something they do often, if ever.
To whom? They don't' care. I don't care. No one really cares.
My friend, you read the technical specifications of the NT-K and have compared with the iPad?
Different wireless technologies, different storage technologies, different touch screen technology, different battery, and the Spanish is removable, Apple's not (this is what I hate most of my Ipod)
The only similarity is that both have touch screen and as I said are not even based on the same technology.
It's like comparing an egg and a brown, both are round, nothing more.
Comments
Are you suggesting that they give the little guy a break, but treat their billion dollar competitors harsher?
They can't even if they kind of want to. Trademark and trade dress requires that you act to protect against any offensive no matter how small. If you ignore one group over another then it gets into that 'you don't really care so we are going to take away this mark/dress completely'
At the time we receive an Apple burofax which counsels us to destroy our tablets without recourse to justice for alleged plagiarism of his product ipad, we denounce criminally threatening otherwise.
It might seem excessive but was it overstepping Spanish law for such patent cases. If it wasn't then calling what Apple did extortion is a tad much. They were just playing the game by the rules and tactics given to them.
Go destroy your stuff because we say and don't even think to talk that to the lawyer.
Does that fall inside the definition of "rules and tactics given"?
They can't even if they kind of want to. Trademark and trade dress requires that you act to protect against any offensive no matter how small. If you ignore one group over another then it gets into that 'you don't really care so we are going to take away this mark/dress completely'
I don't have an issue with a C&D letter, even a suit asking for any injunction. Let a civil court decide if they're treading too close to Apple's products. Criminal charges? You really think that's a common tactic? Imagine Motorola asking that an an arrest warrant be issued on Tim Cook for failing to remove Apple's infringing products from Germany as quickly as Moto wants.
That's what I take issue with. As I first stated, perhaps Apple thought they had some good reason to go that route other than just an intimidation tactic. I could change my mind if there's something unusual in this particular case. On the surface it doesn't look good.
It might seem excessive but was it overstepping Spanish law for such patent cases. If it wasn't then calling what Apple did extortion is a tad much. They were just playing the game by the rules and tactics given to them.
Hey, Gatorguy has a job to do, and his job is to spin everything negatively for Apple/iOS, and positively for Google/Android. He'll tell us that he doesn't really know Spanish law, and he was just posting the information to be "helpful". Of course, he doesn't find the extortion claim excessive, that's against Apple. You just have to view everything that Gatorguy writes as shameless propaganda.
The Strategy is to win judgement against smaller companies and use it to force other to comply or else. The reason patent trolls usually go after as many companies as they can is to try and get a few of them to settle out of course and they they turn around and use those settlement to convince the others to settle. I think Apple maybe using similar strategies with all the companies they went after either to get them to settle like Nokia did or win cases like with HTC and then force other to follow suit.
So maybe apple was over the top on this small no name Spanish company, thus the reason for their counter complaint.
Hey, Gatorguy has a job to do, and his job is to spin everything negatively for Apple/iOS, and positively for Google/Android. He'll tell us that he doesn't really know Spanish law, and he was just posting the information to be "helpful". Of course, he doesn't find the extortion claim excessive, that's against Apple. You just have to view everything that Gatorguy writes as shameless propaganda.
This Spanish tablet maker is Google? WOW.
Don't let your hatred make you say stupid things.
Asking that criminal charges be filed against a tiny tablet manufacturer when they don't immediately bow down does amount to intimidation and bullying, waaay overstepping IMHO. Perhaps Apple may have some good reason to have been overtly aggressive, and my opinion might change after the little guy publishes the communications from Apple over the next week or so. No matter what, this isn't going to get Apple much sympathy and they'll come off looking like the the bad guy.
Something is wrong with this article, but I'm not sure what. I doubt that Spanish law permits a company to indict anyone. If the law in Spain is anything like most of the world, they can file a lawsuit or ask an Attorney General or District Attorney to files criminal charges. Indictments can only be filed by the state.
You guys have no idea WTF you're talking about. It's not just the appearance. It's specific technologies and specific patents. Take it from the guy whose younger brother is an IP attorney and former patent examiner.
They clearly had good reason, as this is not something they do often, if ever.
To whom? They don't' care. I don't care. No one really cares.
My friend, you read the technical specifications of the NT-K and have compared with the iPad?
Different wireless technologies, different storage technologies, different touch screen technology, different battery, and the Spanish is removable, Apple's not (this is what I hate most of my Ipod)
The only similarity is that both have touch screen and as I said are not even based on the same technology.
It's like comparing an egg and a brown, both are round, nothing more.
It's like comparing an egg and a brown, both are round, nothing more.
I'm just gonna step behind this lead shield here. You don't know what you've unleashed.
I'm just gonna step behind this lead shield here. You don't know what you've unleashed.
I have a roman Scutum replica, I will use it in the next post, just in case