Legal

‘Galaxy Gear’ trademark filing reveals Samsung’s iWatch

Christian Zibreg ∙ August 6, 2013

We know from before that Samsung has been looking to beat Tim Cook & Co. to market by releasing its own smarwatch ahead of Apple's rumored iWatch device. And as Apple continues to apply for numerous iWatch trademark filings around the world, there has been little solid evidence in the form of patent or trademark filings to indicate the Galaxy maker's seriousness about wearables.

A newly discovered Samsung trademark filing with the United States Patent and Trademark Office (USPTO) changes all that. Dated July 29, the filing seeks to protect Galaxy Gear, a name for “wearable digital electronic devices in the form of a wristwatch, wrist band or bangle capable of providing access to the Internet and for sending and receiving phone calls, electronic mails and messages"...

Liquid damage suit members receive notice about cash payout from Apple

Christian Zibreg ∙ Updated March 18, 2016

Earlier this year, Apple has agreed to pay $53 million to resolve a consumer class-action lawsuit involving faulty moisture indicators in older iOS devices falsely interpreting that a device had been damaged by water, prompting Apple to unjustly deny customer warranty claims based on these defective indicators.

According to details made public on the settlement’s website, eligible customers are now being contacted via email about the class-action settlement and damages. Specifically, owners of older iPhone and iPod touch products may be entitled to a cash payment from Apple...

Government pressures Apple to let Amazon and others link to e-books within their iOS apps

Ed Sutherland ∙ August 2, 2013

The U.S. government Friday offered Apple a proposal to settle an e-book price-fixing case which the technology giant recently lost. Among the requirements: end current agency agreements with the publishers involved, allow Amazon and others to provide external links to e-books within their iOS apps and institute a five-year probation from signing any new e-book distribution deals.

The proposed "remedy" offered by the US Department of Justice, while imposing some restrictions on Apple, could bypass potential fines reportedly near $500 million...

ITC delays Samsung sales ban ruling until August 9

Christian Zibreg ∙ August 1, 2013

Earlier in March, The United States International Trade Commission (ITC) found Galaxy maker Samsung guilty of violating four Apple patents, among them a text-selection feature in its smartphones and tablets. The trade body was supposed to hand down the decision today on a possible sales ban on the Samsung devices in violation of Apple's patents.

The ruling has now been delayed until Friday, August 9 - the same day Apple and Samsung are due to present oral arguments pertaining to the landmark August 2012 Apple v. Samsung trial that found Samsung guilty of violating Apple's patented iPhone technology...

Verizon asks Obama to prevent upcoming iPhone sales ban

Christian Zibreg ∙ July 25, 2013

In April, the U.S. International Trade Commission (ITC) ordered an import ban on the iPhone 3G/3GS/4 after determining Apple had violated Samsung's 3G cellular technology patent. Apple was hoping the U.S. Trade Representative (USTR) would overturn ITC's decision on the basis that Samsung was asserting a standards-essential patent.

Needles to say, Apple asked ITC to stay an order while the court considered the appeal, arguing the sales ban would "sweep away an entire segment of Apple's product offerings." And in an interesting twist earlier this week, the nation's top carrier Verizon Wireless pressured President Obama to intervene in the Apple v. Samsung case and veto the impending ban...

Google shamelessly lifts Apple’s patent illustration

Christian Zibreg ∙ Updated August 4, 2016

I was shocked learning about the extent of Google's copying this morning. Apparently one of Google's patent filings with The United States Patent & Trademark Office (USPTO) uses a familiar-looking illustration to depict a generic computer.

Let me jut say it: Google's drawing is an exact replica of an illustration accompanying an older Apple patent filing. You'd have thought with all the commotion surrounding Google's plagiarism and Samsung ripping off Apple wholesale that the search giant should know better...

Major Apple-Samsung showdown due August 9

Christian Zibreg ∙ July 15, 2013

Two months following the $1.05 billion August 2012 ruling finding Samsung had infringed Apple's patented technology (non-standard-essential patents, to be precise), the iPhone maker expectedly sought a permanent U.S. sales ban on infringing Samsung devices.

Unfortunately, U.S. District Judge Lucy Koh denied Apple’s injunction request on the merit that it would not be in the public’s best interest to halt handset sales just because Samsung copied a few features from the iPhone.

Shortly after, Apple filed an appeal and today the United States Court of Appeals for the Federal Circuit has given notice of a scheduling decision - the two parties will face each other off again on August 9...

Apple’s lawsuit against Amazon over ‘App Store’ name ends in draw

Ed Sutherland ∙ July 9, 2013

Apple and Amazon have taken off the gloves back in 2011, apparently deciding the 'App Store' name is big enough for both companies. An Oakland, California district court pulled the plug on the dispute at the request of the two app providers. The decision to walk away from just who owns the 'App Store' title follows Apple agreeing not to sue Amazon, according to a report this morning...

Apple accused of pushing users to download HD movies on non-HD devices

Christian Zibreg ∙ Updated February 28, 2017

With the September 2008 release of iTunes 8, Apple along with introducing a slew of new software features started upgrading resolution of movies and television shows sold on the iTunes Store to high-definition 720p. One Apple user has now taken the company to court over what in his view files as fraud, unjust enrichment and violation of consumer protection laws.

A Florida user took issue with iTunes movie downloads, alleging Apple tricked him into buying a pricier $4.99 high-definition version of the Big Daddy movie although his iPhone 3GS did not support playback of HD content. Claiming he was unaware an SD version was available for $3.99, he argues Apple should compensate the "millions" of owners of older hardware who paid a buck more to download HD versions of movies and TV shows...

Ireland opposes grilling Apple and Google execs over tax shelters

Ed Sutherland ∙ July 5, 2013

Apple executives, and other tech titans under fire for their tax avoidance practices, can sigh with relief. An Irish committee voted earlier against asking Apple CEO Tim Cook and others about how they used the Irish tax laws to limit what they owe the IRS. Instead, a finance committee of the parliament will put European finance officials on the hot seat.

An investigation by a U.S. Senate subcommittee found Apple funneled a large portion of its income through an Irish business unit, which charged a very low tax rate. As part of that investigation, Cook was called to answer Senator's questions...

Apple could face hurdles applying for iWatch trademark in US and UK

Christian Zibreg ∙ Updated June 13, 2016

Apple's iWatch trademark filing world tour could hit major roadblocks in the United Kingdom and over in Apple's home turf of the United States, it has been discovered.

According to two separate reports, a small California firm has taken steps to trademark 'iWatch' in the United States.

And over in the United Kingdom, a network services firm owns a Community trademark on 'iWatch', basically a trademark that applies across the European Community, which includes Belgium, Italy, Luxembourg, France,, Netherlands, West Germany, Denmark, Ireland, United Kingdom, Greece, Portugal and Spain.

As a result, Apple is likely going to have to either pay these companies to buy the trademark or face a legal battle should it in fact decide to launch a rumored wristwatch product...

Apple apparently paid no UK corporate taxes on $103 million profit in 2012

Ed Sutherland ∙ July 1, 2013

Apple's clever accounting practices are again under scrutiny after the iPhone maker paid no UK corporate taxes in 2012, despite three units of the California firm making more than $100 million, according to a British financial newspaper Monday. According to the Financial Times, Apple used tax-deductible employee share awards (essentially stock dividends) to "wipe out the corporate tax liabilities of the UK subsidiaries" during 2012 up to September...