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Apple Sued Over 'Animoji' Trademark
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And to think I thought Forstall was the guy who plagerized the Swiss Railways clock. Seems Apple is up to it again. Poor showing Apple you are acting like a greedy big company.
Who gets a call from Apple and rejects an offer from them to buy something? Seriously? You’re in la la land if you think you’re going to make more money than just getting outright paid by Apple.
Sounds like the filing is cancelable, or at least Apples attorneys think it is.
If this guy’s trademark attorney screwed up and it causes him to lose the mark, at least he’ll have an action against that attorney. If he himself was responsible for the incorrect filing, i.e. he gave his tm attorney the wrong entity name under which to file, then it’s on him.
Maybe he should have made a deal after all.
If this guy’s trademark attorney screwed up and it causes him to lose the mark, at least he’ll have an action against that attorney. If he himself was responsible for the incorrect filing, i.e. he gave his tm attorney the wrong entity name under which to file, then it’s on him.
Maybe he should have made a deal after all.
The biggest question I have is why Apple doesn’t have smiley faces for the animoji but has a whole host of other creatures from the emoji set.
swingerofbirch
macrumors 68040
Apple's attempted negotiation was Craig Federighi visiting the developer and trying to terrify him into submission by whinnying like a unicorn. Brave guy to not back down to that because that was pretty terrifying to see.
No, a different spelling doesn’t provide any benefit; a trademark protects against soundalikes as well.
Given you have no idea how much he was offered, how can you judge ?
In hindsight , it was a brilliant move by him , when he was offered, the X and animoji were secret. Post keynote, the value has skyrocketed, and given he as an app submitted to Apple.... geez it's making their case somewhat harder denying they knew about it.
[doublepost=1508478606][/doublepost]Animoji™ - Free Animated Texting [Patent Pending] by emonster Inc.
https://itunes.apple.com/gb/app/animoji-free-animated-texting-patent-pending/id894504729?mt=8
Apple is getting really sloppy these days. Guy has an excellent case. Apple even sells his approved app, face palm moment here
Animogifs?
[doublepost=1508478789][/doublepost]
It's not really specific to animals.
[doublepost=1508478900][/doublepost]
Or just "amoji"
Says in the article they already tried to buy him out, I’m pretty sure $1 mil would not be enough anymore now he knows who wants it and what’s its being used for.
It is called business, and Apple is no different from others
How is it one-sided? The article makes it clear that the guy was using the name first, had a business using the name, and even an iOS app using the name.
Unless you mean the article is anti-Apple?
I think this is what is wrong with society today, the total sense of entitlement (by the way I am not criticising your post).Those with power wield it with with impunity and then sometimes, rarely they think the answer when they have done bad, is to offer a few crumbs to the victim as compensation (wield yet more power). This parallels with what is going on with Weinstein; it just indicates how those with power think they are entitled to whatever they want and they are free to have and take want they want.
Does anyone else find it amazing that a company as big as Apple tries to buy the rights from this guy, are turned down, and Apple’s response is “**** it. Let’s go with the name anyway”? Also, 18k download in a few years and the guy isn’t for sale? Anyone else would be over the moon being offered a buyout with paltry numbers like that.
Absolutely not defending Apple. I just feel like that would be the absolute stupidest thing Apple could do in the situation.
Absolutely not defending Apple. I just feel like that would be the absolute stupidest thing Apple could do in the situation.
Does anybody else find it amazing that none of us know what he was offered by Apple, but some are assuming it was a lot of money?
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According to the article, he wasn't approached by 'Apple' but by a company called The Emoji Law Group LLC, which was a puppet company working for apple. So this developer did not know it was Apple that wanted to buy his trademark.
I suppose if Apple had straight up made him an offer he might have have accepted, but Apple didn't want to risk exposing their future plans for their animoji.
I mean, the article says Apple attempted to purchase the Animoji trademark. Usually a purchase is made with money.
The article also makes it clear that the trademark is clouded and is undergoing a cancellation proceeding. Sounds like the tm may have been issued in error. Apple tried to pay the guy anyway, to avoid the expense of litigation.
If Apple is right and the trademark is no good (and thus canceled by uspto) this guy may well end up having to pay Apple’s legal fees incurred in defending the suit he just filed. Because he filed suit to enforce a trademark that he knew (or should have known) was invalid.
I honestly can’t wait to see where this story goes. Apple is seriously going to have a hard fight. They have a huge team of lawyers that are amazingly good at there job, but this case is pretty straight forward. However, there is always something that the public doesn’t know, and they may just settle before going to court. Haha. Who knows...Haha.
Sure, but the offer could have been well below what it should have been. Apple books, Apple Music, prices for suppliers would all tend to show that Apple has a long history of low balling.
Ok. So why on earth quote me? Lol. I never stated an actual value (or even used terms to imply amounts), yet you decided to take the beginning of my paragraph and make it your own , as if you had a direct rebuttal to something I claimed.