Apple iPhone X launch date is just behind the corners as pre-order will going to start in just 6 days and people will finally get their hand over to best iPhone ever created. Apple includes many new features with their next iPhone which includes the edge-to-edge display, FaceID and much more. FaceID is one of the most remarkable features of iPhone X which will also bring the new feature to Emoji which Apple called Animoji.
Apple is facing a lawsuit for infringing on an existing Animoji trademark, reports the Recorder. Animoji is the name give to Apple new feature for emoji in which you can send a 3D emoji with your facial expression along with recording which is really fun. This feature is still exclusive to iPhone X so sorry for other iPhone user.
The lawsuit was filed on Thursday by law firm Susman Godfrey LLP on behalf of Enrique Bonansea, a U.S. citizen living in Japan who owns a company called Emonster k.k. Bonansea says he came up with the name Animoji in 2014 and registered it with the United States Patent and Trademark Office in 2015.
Since 2014, Animoji App is available in the iOS App Store. According to Lawsuit, it alleges that Apple was aware of the Animoji app and attempted to purchase the Animoji trademark ahead of the unveiling of the iPhone X.
This is a textbook case of willful, deliberate trademark infringement. With full awareness of Plaintiffs’ ANIMOJI mark, Apple decided to take the name and pretend to the world that “Animoji” was original to Apple. Far from it. Apple knew that Plaintiffs have used the ANIMOJI mark to brand a messaging product available for download on Apple’s own App Store.
Indeed, Apple offered to buy Plaintiffs’ mark but was rebuffed. Apple has added creativity to their product naming this time which causes them this issue as this issue may harm Apple worldwide reputation, as it is expected that Apple is simply plucked the name from a developer on its own App Store. Apple could have changed its desired name prior to its announcement when it realized Plaintiffs conscious decision to try to pilfer the name for itself regardless of the consequences.
App created Bonansea’s has been downloaded more than 18,000 this app is designed to send animated texts to people as we compare this app from Apple concept they won’t match each other feature rather than their names. Animoji app from Bonansea continues to be available in the App Store.
In the summer of 2017, before the Apple event, Bonansea was allegedly approached by companies with names like The Emoji Law Group LCC who attempted to purchase his Animoji trademark, as they also threatened with cancellation proceeding if he did not. But he opted not to sell this trademark as he believed that they work behalf of Apple.
Just before debut iPhone X, Apple did indeed file a petition with the U.S. Patent and Trademark Office to cancel the Animoji trademark.
According to Apple Bonansea originally trademarked under a Washington corporation called “emonster, Inc”, this company is no longer exist which means that trademark also not exists. But according to Bonansea, it was a mistake that trademark was not filed under the name of his Japanese company, Emonster k.k. A cancellation proceeding for the trademark appears to still be pending.
Bonansea is planning to release an update to his App at the end of 2017 according to the lawsuit. But he didn’t to lose his app name charm under Apple new fancy feature of iPhone X which already made its remark among users. So let see who will have the best report to win this patent issue.