Apple Sued Over EarPods v HearPods Trademark

Apple being sued by Randolph Divisions and Hearpod Inc. for similarities in product function and name; paperwork demands damages and ceased production.

The lawsuit war continues with Apple, this time it being on the receiving end of one. Last week the paperwork was filed that stated that Apple's new headphone dubbed "Earpods" is infringing on the product of Randolph Divisions and Hearpod Inc. and its trademark "Hearpods".  

The company manufactures hearing aids under the name Hearpods, which was trademarked back in February of 2005, removing any doubt of who came up with it first. The lawsuit complains: "Both Plaintiffs' Goods and Defendant's Goods are similar in nature in that, among other things, they are inserted into the ears of their users and are used to facilitate and enhance the transmission of sounds to the users."  

The company demands that Apple not only pay damages, but also cease the sale of its Earpods headphones. Hearpod Inc has spent $625,000 promoting its product since the patent was files in Hawaii, results in $1.7 million in sales so far.  Earpods were introduced along with the iPhone 5, and is the first line of headphones that Apple have given a brand name. This is not even the first time Apple have received lawsuits concerning its headphones, with previous allegations of patent infringement of audio transfer techniques and another lawsuit complaining about the volume of its headphones, which led to a software limiter to be implemented. [Source]

You can follow me on Twitter, add me to your circles on Google+ or Subscribe to me on facebook or YouTube. You can also check my website and blog to keep yourself updated with what is happening in the ever changing world of technology

Apple is Allowed to Keep iPad Mini Name But Must Add Small Print

Apple has been allowed to retain iPad Mini as a trademark, but must now add small-print to indicate that it is not claiming exclusive rights to the term ‘Mini’.

The U.S. Patent and Trademark Office (USPTO) had originally refused Apple the trademark on the basis that the term ‘Mini’ was simply descriptive, but this objection has now been withdrawn on condition that the company add a disclaimer.

The document also holds firm on the requirement that Apple add a disclaimer to its application noting that it only seeks to protect the term “mini” when used as part of the “iPad mini” name. The disclaimer would allow other companies to use the “mini” term in their own product names.

The disclaimer requirement may be an attempt to bring some sanity back to trademark wars: when Apple already holds the trademark to iPad, it’s unclear what benefit there is in trademarking ‘iPad Mini’ specifically. Apple has been left in a worse position than if it hadn’t applied for the trademark in the first place, and it’s possible this was entirely intentional: the USPTO punishing what it sees as a pointless application. [Source]

You can follow me on Twitter, add me to your circles on Google+ or Subscribe to me on facebook or YouTube. You can also check my website and blog to keep yourself updated with what is happening in the ever changing world of technology

Apple is Close to Settlement With Brazilian Company IGB Over iPhone Trademark Lawsuit

Forbes reports that Apple and Brazilian company IGB have agreed to end their lawsuit over the iPhone trademark in Brazil, and are close to reaching a settlement agreement.

According to Brazil’s largest daily, Folha de São Paulo, both companies have agreed to end the lawsuit over iPhone and come to some sort of “pacific agreement,” the paper reported on Saturday. Apple has paid millions for its exclusive use of the word iPhone in the past and will likely pay IGB as well.

IGB had applied for the "iPhone" trademarke in Brazil in 2000, years before Apple's phone was launched, and was granted the trademark in 2008.

Apple challenged the trademark on the basis that IGB had failed to use the trademark until it was close to expiration, but the Brazilian Industrial Property Institute ruled in IGB's favor after it launched a low-cost Android smartphone using the iPhone brand late last year. Apple took the matter to court, but has now withdrawn the legal action after IGB suggested that it was open to selling the trademark.

Apple's current use of the "iPhone" name in Brazil is not currently being hampered while the dispute plays out, with the company being allowed to continue selling the iPhone under its popular name and Apple retaining control over the iPhone name for other categories of use such as software.

Apple is expected to make a cash settlement for exclusive rights over the name in Brazil. It previously settled a dispute over the iPad trademark in China for $60 million, but there is no word yet on a settlement amount for the Brazilian case.

You can follow me on Twitter, add me to your circles on Google+ or Subscribe to me on facebook or YouTube. You can also check my website and blog to keep yourself updated with what is happening in the ever changing world of technology