The app hasn’t been updated for 3 years. That doesn’t show much interest in by the developer in keeping it up to date. The update version history at that time shows “patent pending” to the app title.
Trademarks are not patents.
Also consider that unless trademarks are defended, they can be tossed. To get anywhere, the company had to file to suit to show their intent to defend it.
Trademark law is complicated and sure won't be resolved here. The app is for animated emoji's which is the same as what Apple wants to do. They may just hope to outspend the smaller company in court to the point they can't fight it anymore.
Go look up Mr Nissan and nissan.com for an interesting read. The little guy can win...
Damages are going to be a bit tricky since he'll likely sell more of the app, and make a profit. How would he make a valid claim for damages, it doesn't matter what Apple call it, no one is going to choose his shitty app on the iPhone X. Having said that, Apple seem to have done the wrong thing here.
Mmmm. I’m not so sure. The timeline of who applied for what and when is a bit unclear. But if an app called Animoji has existed since 2014 then surely that is enough to demonstrate ownership, even if they only filed when they heard Apple was going to use the name.
except per the article, the cancellation of the trademark was underway because the company that it was granted to was gone. the new company had apparently never bothered to verify that they would receive ownership. that they didn't do this until Apple filed to take over the dissolving mark and announced a product could hurt them in the end. and their app isn't even in the store anymore. looks like it perhaps hasn't been since Sept 2014. so claiming they were using the app, which is required for trademark, is week.
remember what happened to Cisco, they were letting their iPhone mark drop out with zero products for years and then Apple indicated they were going to apply for it. suddenly Cisco was announcing a product to be released a year later, and filing to renew the mark on the very last day possible.
The app hasn’t been updated for 3 years. That doesn’t show much interest in by the developer in keeping it up to date. The update version history at that time shows “patent pending” to the app title.
Trademarks are not patents.
no they aren't. patents are a set time period and don't require usage by the designer. trademarks do. given that the developer didn't know this its not a shock that he/she doesn't know the difference in IP
Comments
Trademark law is complicated and sure won't be resolved here. The app is for animated emoji's which is the same as what Apple wants to do. They may just hope to outspend the smaller company in court to the point they can't fight it anymore.
Go look up Mr Nissan and nissan.com for an interesting read. The little guy can win...
except per the article, the cancellation of the trademark was underway because the company that it was granted to was gone. the new company had apparently never bothered to verify that they would receive ownership. that they didn't do this until Apple filed to take over the dissolving mark and announced a product could hurt them in the end. and their app isn't even in the store anymore. looks like it perhaps hasn't been since Sept 2014. so claiming they were using the app, which is required for trademark, is week.
remember what happened to Cisco, they were letting their iPhone mark drop out with zero products for years and then Apple indicated they were going to apply for it. suddenly Cisco was announcing a product to be released a year later, and filing to renew the mark on the very last day possible.
no they aren't. patents are a set time period and don't require usage by the designer. trademarks do. given that the developer didn't know this its not a shock that he/she doesn't know the difference in IP
In any cases, the consumer would care less. The most complaint would be animoji being another iMessage sticker.