Oyez, Oyez, Oyez! This being my first official blog as the new “lawsuit of the week” correspondent, I’d like to first introduce myself. My name is Becca and I am currently a law student with the ambition to become a lawyer. Each week I will be mixing my passion for Apple and the law by bringing you the most up-to-date lawsuits involving Apple.
This week’s lawsuit is regarding the iPod and an outside company who makes products, which are compatible with the iPod. Unlike the recent “lawsuits of the week,” Apple appears as the Plaintiff, suing Atico International, in what seems to be an effort to test their “Made for iPod” label. Attorneys for Apple filed a ten-page complaint against Atico, a company who manufactures several products compatible with the iPod including a dock connector, remote controls, portable speakers and three dock adapters which are made to fit different sized iPods for one standard dock model. Apple claims in their suit that these products infringe upon key patents that Apple obtained between 2007 and 2008. Furthermore, Apple claims that Atico has failed to license their use of Apple’s docking design for their speaker units therefore denying Apple of royalties they claim they are owed due to their “Made for iPod” campaign. Atico’s products also display similar logos to Apple’s indicating their products compatibility with iPods. Apple’s lawyers claim this is in exploitation of their name and “violating the federal Lanham Act (found in Title 15 of the U.S. Code and includes the federal statutes which govern trademark law in the United States) by falsely suggesting an endorsement by Apple.”
Apple has asked in their complaint for a permanent injunction (a final order from the Court which would tell Atico to permanently stop selling these products if they are without a license from Apple) in addition to Atico paying damages to Apple for the use of their design without being a part of the “Made for iPod” program.
This suit makes a mark in Apple’s history book by being the first known case of Apple defending their “Made for iPod” licensing program, which began in January of 2005.
It seems to me that Apple is looking to make an example of Atico in order to promote other companies to join their “Made for iPod” campaign. Overall, this program really seems to be an easy way to make money for Apple, instead of a simple way for consumers to tell which outside company’s products may be compatible with their iPods.
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