In what was a largely expected ruling, a district court judge in California yesterday denied Apple's motion for a preliminary injunction against Amazon attempting to bar the use of the word "Appstore" in conjunction with the Amazon Appstore.
The standard set for enforcing such an injunction is high - generally, the infringement on the trademark must be so clear that there isn't a genuine debate about whether or not consumers are likely to be confused, the infringement should be relatively obvious. Read More
I never know how to feel about torrent (in this case, management) applications. On the one hand, torrenting is a brilliant and efficient way to share information in a collective and low-cost (read: free) fashion. On the other, it's the single largest gateway to piracy in existence. And it could kill you.
But it's clear torrenting applications are very much legal. So why has Google removed a popular torrent management application, Transdroid, from the Android Market? Read More
Yesterday, in the Federal Court for the Northern District of California, Apple filed its response to a counterclaim (filed by Amazon) in its ongoing suit over Amazon's use of the word "Appstore" in its new Android... app store (what else am I supposed to call it, Apple? An app acquisition service?)
The counterclaim contained one of the single greatest premises for a trademark lawsuit I have ever seen (not that I've seen that many):
Apple denies that, based on their common meaning, the words “app store” together denote a store for apps.
Engadget is reporting via a number of tipsters that the popular PlayStation emulator PSX4Droid has been pulled from Android market. Google's statement on the issue?
"We remove apps from Android Market that violate our policies."
Well, that's helpful. Actually, upon a short perusal of the US Patent and Trademark Office database, the reason became clear to us: PSX4Droid is infringing on a trademark owned by Sony for the acronym "PSX." This means PSX4Droid probably just needs a name change before being given the green light for republication. Read More
Amazon's upcoming Android Market competitor, the Amazon Appstore, is in hot water for its namesake. On Monday, Apple filed a lawsuit in a California federal court claiming Amazon had infringed on its trademark of the phrase "App Store." Apple applied for a trademark to this name way back in 2008, but it wasn't approved until January of 2010. Since then, Microsoft has filed a dispute with the trademark office alleging that the grant was improper. Read More
The Android market is filled with apps of questionable legality. But oftentimes, overpriced, branded theme and clock apps like those you'll find here are considered relatively harmless - who's stupid enough to buy them, anyway? Still, apps in this category are in clear violation of registered trademarks - and that doesn't sit well with their holders.
Google even has a page for developers and copyright holders to submit DMCA takedown requests for apps on the Market. Read More
You would think that large hardware manufacturers, such as HTC and Motorola, would dedicate at least a few hours to trademark searches before naming their products and investing millions of dollars into promotional efforts for said products. That would be a fair assumption, right? It seems like the answer sometimes is: not exactly.
Last week at MWC, HTC unveiled 6 new devices, one of which was bearing the name ChaCha (that's one of the Facebook phones). Read More
Twitter's laying down the bird-law this morning, and the owners of Twidroyd, UberMedia, don't have much in the way of good news to tweet about right now (I am so sorry for that entire sentence).
Twitter has suspended access to its social network from Twidroyd, UberTwitter, and UberCurrent - three apps owned by UberMedia. Why? Gizmodo claims it's for the following reasons:
UberMedia "violated Twitter policies and trademarks in a variety of ways." Like "a privacy issue with private Direct Messages longer than 140 characters, trademark infringement, and changing the content of users' Tweets in order to make money."
I don't use Twidroyd, so I have no idea what any of this is all about aside from the trademark infringement issue. Read More
If you were worried that Google would no longer be able to call its mobile operating system "Android," fear not.
From 1998 to 2002, a gentleman by the name of Erich Specht ran a company called "Android Data." Android Data went bankrupt in 2002, and Erich hasn't used the name since. However, when he heard of Google's use of the "Android" name, he put together a website to "prove" that Google had infringed on his trademark. Read More