Coors faces a $12.5 million lawsuit for allegedly copying a $3 beer-drinking novelty application that allows users to virtually drink a pint by tilting their iPhone.
Hottrix, a small company
that develops “tricks” for mobile devices, filed a lawsuit alleging that Coors commited copyright infringement by copying
its iPhone application iBeer. Both Hottrix’s application and Coors’ iPint display the
image of a glass of beer on the iPhone’s screen, which is emptied when
a user tilts the handset about 90 degrees. Both apps launched in the App Store on July 11 — the major difference being that iBeer cost $3 and iPint was free.
An attorney for the law firm representing Hottrix, Buchalter Nemer, said the smaller company attempted
to reach an amicable solution with Coors, without success. Hottrix then complained to Apple, which eventually
removed iPint from the App Store in the United States. However, iPint still appears in the App Store
in other countries.
“My client … is really a mom-and-pop company who just wants to
protect their intellectual property rights,” said Jason Fisher, the attorney representing Hottrix.
The removal of iPint exemplifies the limitations of Apple’s popular iPhone App Store as a closed, for-profit marketplace. In August, Apple had to ban NetShare,
because the app violated AT&T’s terms-and-service agreement by turning
the iPhone into a wireless modem. The removal of iPint in the United
States demonstrates Apple attempting to mediate a legal battle between
two companies.
When iPint appeared in the App Store, it quickly climbed intoto the top 10 most
downloaded free applications — essentially stealing iBeer’s thunder.
After Apple removed iPint, iBeer made it onto the App
Store’s top 25 most popular paid applications list. It currently
sits at No. 22 on that list.
Fisher said that a video demonstrating the accelerometer technique of iBeer appeared on YouTube
in August 2007 — even before iPhone’s App Store launched — which may be
how Coors latched onto the idea.
The 12-page lawsuit (.pdf) stresses that
the iBeer technique was “wholly original … and is copyrightable
subject matter.” The lawsuit includes two other companies — Beattie McGuinness and DOES 1 to 10 — that handled the marketing for iPint outside of the United States.
Coors did not return phone calls for comment.
Hottrix vs. Coors lawsuit (.pdf)
Screenshot: Jon Snyder/Wired.com
Posted under Gadget Reviews
This post was written by admin on October 13, 2008
