May 22. 2009

Luxury goods maker, Cartier wants to take a bite out of Apple for allowing a user to design and upload freeware, that became paid ware, featuring their famous logo. Trademarks can be used in such instances, when it is not for profit, but technically only at the discretion of the owner and they do have the right to sue if they choose.

Apple Store

Apple may try to argue the initial infringement was negligent and not willful, but the additional version of the software application has been offered for sale. Either way, they may face legal remedies not to their liking.

Cartier sues Apple over third party iPhone watch software

Published: 09:40 PM EST - Luxury watch maker Cartier International filed suit against Apple today for allowing a third party iPhone developer to post an application depicting a watch image which Cartier claims infringes on its designs.

The watch maker insisted that it has never authorized Apple to use images that appear similar to the company's watches, despite the fact that the iPhone title, named Fake Watch, was only a software representation of certain famous watch designs.

The free Fake Watch application did enable users to obtain the time using their iPhone or iPod touch, a direct blow to Cartier's fancy watch business. The software developer also offered a premium, paid version of the app under the name "Fake Watch Gold Edition."

http://www.appleinsider.com