Apple faces lawsuit over one of iPhone X's features

Gwen Vasquez
October 22, 2017

Enrique Bonansea applied for registration through his company back in August 2014 which was further granted in March of 2015.

Apple Insider reports on this assault on Apple, explaining that the rights holder has had an app on the Apple store for some time and that this should mean that Apple is aware of its existence and use of the name.

According to the complaint, Bonansea's app similarly allows users "to animate characters inside messages". It now enjoys a 4-star rating, from the seven people who took the time to rate it.

"The lawsuit alleges that because both the Animoji app and the iPhone X feature are on Apple's platforms, and because they both involve moving animation, the court should rule one out". Apple's "Animoji" feature deliberately infringes on Plaintiffs' ANIMOJI mark. With full awareness of Plaintiffs' ANIMOJI mark, Apple made a decision to take the name and pretend to the world that "Animoji" was original to Apple.

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According to the complaint, "Instead of using the creativity on which Apple developed its worldwide reputation, Apple simply plucked the name from a developer on its own App Store".

This time on the platter for you isn't some ingenious idea by Apple, rather a very serious notion; Apple is sued by a Japanese company! This is because the application rested on the iOS App Store since 2014.

The Complainants note that Apple is the classic example. But even this did not save the "Apple" company from plagiarism. He believes these companies were fronts were Apple.

It's an embarrassment for Apple who should have had their legal team do a simple search on the USPTO trademark site like I did this morning which clearly shows the trademark was already owned by Emonster Inc. Where things get a little murky is when looking at the timing of the trademark. With a similar complaint in Federal court in San Francisco asked the company Emonster k.k. Apple's face recognition technology allows for such fantastic yet amusing things to happen on the new iPhone X. It is a biometric security scheme that is not available on any previous iPhone models, including the iPhone 8 and iPhone 8 Plus. In any event, "to avoid any doubt", emonster k.k. filed a new registration for ANIMOJI on September 12, dating the term's first "use in commerce" back to July 2014, the complaint says.

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