KON believes that Apple's iPhone, iPad and other series of electronic products, the App Store icon (iOS11 version) pattern and the plaintiff artwork, the main elements of the structure, the layout is almost exactly the same elements require Apple Immediately stop the infringement of the plaintiff's copyright, that is, stop selling electronic products containing icons, apologize publicly in the national media and eliminate the impact, and also demand that the defendant compensate the plaintiff for the corresponding economic losses.
According to the relevant information on the Internet, KON was born in 2009, is a multi-cultural cross-border brand, the main tide brand clothing, shoes and hats and luggage accessories and other products, mainly for advocating personality and fashion young people. Own Lynx flagship store saw KON many existing products in the sale, the products have been using the above icon as a visual identity.
Apple iOS 10 version of the App Store icon for the triangular logo composed of three pens, the original icon and KON logo slightly different while the upgraded version of iOS 11 for the App Store icon has been modified, it is precisely the trigger KON Infringement suit against Apple.
This is not the first case of Apple being sued for infringement in China.In December 2014, the company announced to Beijing Intellectual Property Office that the designs of iPhone6 and iPhone6 Plus plagiarized the design of the Bailey mobile phone (100C). Property Office finds that the appearance of Apple iPhone 6 and iPhone 6 Plus two mobile phones infringes on the patents of the 100 Lee smartphone, which is characterized by the side radian and fillet.But later the Beijing Intellectual Property Court 'revoked Beijing Municipal Intellectual Property Office's decision 'and confirmed that Apple did not infringe Shenzhen Bailey's design patents.
But in another case, Apple was not so lucky. In May 2016, the Higher People's Court of Beijing ruled that Apple lost its case against Apple in the battle for IPHONE trademark in Xin Tong Tianyi. In 2007, IPHONE 'trademark, and Apple's smart phone until 2009, began formal sales in China.
Apple responded to Fenghuang Wang technology, said Apple China has been concerned about this matter, the legal department will actively respond.