Social Tech, a developer of applications for Android, reported it to Apple for the “unlawful use of the registered trademark MEMOJI”, as stated in the documento submitted by the developer to the District Court of the united States for the Northern District of California.
Apparently, Social Tech introduced in April 2016 a trademark application registered for MEMOJI (uppercase), but before that Social Tech to gain the record, Apple, through a subsidiary called Memofun Apps LLC was made with the rights of a “mobile application forgotten and abandoned that they used the name Memoji, and a registered trademark that come with it” that had been the property of Big 3 ENT and Lucky Bunny.
once Memofun Apps LLC was made with the rights of Memoji they ceded to Apple on June 4, 2018, which was the same date that took place the WWDC, an event in which Apple unveiled the Memojis. All this despite the fact that, according to the lawsuit, “as you well know Apple, Social Tech had an application of trademark pending and had used the mark MEMOJI in the sale of an app available in the Google Play store from the 28th of June 2018”.
Social Tech applied for registration of MEMOJI to the Patent and Trademark Office of the united States on the 30th of June.
The attorney informed Apple of this action, to this he replied that I could cancel the registration because their “rights” were previous to the of the Social Tech, although it was finally approved on the 18th of September.
on the other hand, Social Tech says that an unknown person posed the possibility of buying the rights of MEMOJI in may, two weeks before the WWDC, to which he said no. The person refused to identify himself and to say what company he worked.
The launch of Apple “completely flooded” in the name of MEMOJI
according to the lawsuit, “the infringing product from Apple, from the day of its announcement, did that Social Tech to lose control of your brand: a Google search and a search on YouTube for MEMOJI is dominated by the Infringing Memoji [translated as memojis offenders, it is as the lawyer refers to the Memojis Apple] Apple”.
This is aggravated, in addition to the name, for the similarity between the two products. MEMOJIS allows users to create photos and videos with your face and send them out to apps for messaging, while the Memojis of Apple serve to create an animated avatar that reacts to the facial expressions.
that way, from Social Tech asks the court “enter preliminary and permanent injunctive relief which restrict and require Apple to […] not to use the trademark infringing Memoji or any imitation or variation confusingly similar variations of the same” in addition to “take charge of all damages and costs arising from the lawsuit.” Also claiming all the benefits to be gained by Apple thanks to the use of the Memojis.
Via | Apple Insider
The news Accuse Apple for using the term Memoji without permission was originally published in Xataka Android by Jose García Nieto .
September 29, 2018
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