Intellectual Property Law

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IPhone x was and still is my idea. I made a video of the…

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iPhone x was and still...
iPhone x was and still is my idea. I made a video of the concept and name that I posted 4 years ago on my channel on youtube! how can I claim what's mine?
https://youtu.be/zWGlJ3_nzQM
Submitted: 6 months ago.Category: Intellectual Property Law
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Answered in 11 minutes by:
11/7/2017
IP Lawyer: P. Simmons, Lawyer replied 6 months ago
P. Simmons
P. Simmons, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 36,964
Experience: 12+ yrs. of legal experience.
Verified

Thanks for the chance to help with this. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

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IP Lawyer: P. Simmons, Lawyer replied 6 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Why do you believe you own this product or the rights to this product?

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Customer reply replied 6 months ago
I believe I created or invented the name first!
IP Lawyer: P. Simmons, Lawyer replied 6 months ago

So its the name we are talking about? YOu believe that apple should pay you for the right to call the phone iphone x?

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IP Lawyer: P. Simmons, Lawyer replied 6 months ago

Thank you
And why do you believe you own the rights to the name? Have you trademarked this name?

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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Customer reply replied 6 months ago
never mind thank you!
IP Lawyer: P. Simmons, Lawyer replied 6 months ago

I wish you the best

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Customer reply replied 6 months ago
sorry I have no money!
IP Lawyer: P. Simmons, Lawyer replied 6 months ago

I understand...again, I wish you the best

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 6 months ago
Robert McEwen, Esq.
Category: Intellectual Property Law
Satisfied Customers: 18,125
Experience: Licensed Texas General Practice Attorney
Verified

Another expert here. I'll answer your question as I understand it. Please note that I am being honest and forthcoming regarding your question. I don't mince words, and I respect your time to give you a clear and direct answer and support my rationale behind it.

You asked if you have any legal claim against Apple for using "iPhone X" in a parody video 4 years ago. The answer would be no, you would not have any rights. I'll explain:

Intellectual property is divided into patent, trademark, and copyright law. I assume you don't have any patent or filed trademark (filed with the US Patent and Trademark Office) regarding "iPhone X". Copyright law doesn't protect titles, names, or short phrases (so you can't "copyright" "iPhone X"). The only remaining category that might possibly apply would be common law trademark. But to claim a common law trademark, you have to show actual "use in commerce" (selling or advertising for sale of a legitimate product or service). Now you could argue that your video was the product or service (rather than a parody video) but if you were successful in doing so, you would (ironically) be admitting to trademark infringement of your own (as Apple owns "iPhone").

The only claim that you would have would be to the "X" (the only distinctive part of the phrase), as "iPhone" was clearly trademarked beforehand. And interestingly it was a number of court decisions that said that Apple can't trademark a single letter (meaning they have no claim to the letter "i" before a word). Because X would be the only distinctive portion of the phrase, and you don't have protection of a single letter, even IF you had it trademarked it wouldn't bear scrutiny. But again trademark requires that you actually use the product or service in commerce, and that would not apply here.

In short, I'm afraid that you'd have no case against Apple, even IF you could prove that they stole your idea. It'd be hard to prove, to be honest, because "X" is a single letter and a common placeholder for a number, as well as the number 10. Eventually they'd get around to it, and unless it was protected by trademark, they can actually use that as their own designation.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

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IP Lawyer: Robert McEwen, Esq., Lawyer replied 6 months ago

Did you have any other questions before you rate this answer?

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Robert McEwen, Esq.
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Satisfied Customers: 18,125
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Experience: Licensed Texas General Practice Attorney

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