When Apple brought the big bad legal team to boss around a small Mexico City IT company, Cupertino probably thought they had a quick courtroom victory waiting for them. Surprise! Also, you know those speakers in your iPhone, iPad and Mac that sound a little better than they should? THX claims to know why, and they are not happy about it.
According to the LA Times, the Mexican Supreme Court has ruled that the IT company iFone is the legal owner of the name iPhone in Mexico. iFone first registered the name in 2003; when Apple attempted to register the name in 2009 Cupertino was informed by the Mexican Industrial Property Institute that the name was not available. Such technicalities were not going to stop Apple from bringing the magical iPhone to Mexico, though.
So, faced with the option of negotiating with a small business in Mexico City or just bullying them with a lawsuit, Apple choose the latter.
"Apple started the controversy," stated Eduardo Gallastegui, the lawyer for iFone. "Their first step was to file a lawsuit, they didn’t previously approach the company."
Steve said this one was a slam dunk. Didn't he?
Apple launched the lawsuit under the premise that iFone's license to use the name iPhone had expired. Lower courts in Mexico disagreed with Cupertino, and now the Mexican Supreme Court has as well. Empowered by this latest ruling by Mexico's highest court, iFone gets to use the name iPhone free and clear and can sue Apple, as well as three other Mexican service providers, for damages. Gallastegui has not confirmed that iFone will sue, or for how much, instead stating that, "Our main interest is to defend our brand.” However, some big numbers have been floating around, like maybe 40 percent of all iPhone sales in that Mexico going to iFone, so don't be surprised to see Apple work out a licensing agreement. You know, like they could have done in the first place.
The Verge reports that THX, a company focused on certifying a specific high-fidelity audio/visual reproduction standard, is coming after Cupertino in court. In a complaint filed last Thursday, THX alleges that Apple is infringing on patented speaker technology.
The patent (No. 7,433,483) covers technology designed to improve sound quality in "narrow profile speakers" used in consumer electronic products. THX claims that the Apple iPhone 4, 4S, and 5, as well as some Macs, infringe upon this patent. Seeking "monetary damage" due to "irreparable harm," THX wants compensation in royalties or a flat damage award, as well as a court order to stop the infringement.
Time to get paid. Don't make us send the robot to collect.
Originally owned by George Lucas' company Lucasfilm after being developed in 1983 for Star Wars: Episode VI — Return of the Jedi, THX is now 60 percent owned by Creative Labs. You remember them, the company that got Apple to pay $100 million for their Zen technology patent in 2006. Perhaps with the hopes of a similar payday, THX set a deadline of May 14th for Apple discuss any type of early settlement. Stay tuned…
Follow the writer, Adrian Hoppel, on Twitter.
brandonwalkermedia
March 22, 2013 at 9:41am
your crazy!!! they did not bully, these guys are patent trolls!
