Selling emoji pillows. Have this company the permission to patent Apple's emojis?

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As I understand it, Unicode develops emoji and licenses them to software makers:

http://www.unicode.org/

and

http://www.unicode.org/faq/emoji_dingbats.html

Methinks this "trumps" UniCode(??)

from > https://en.wikipedia.org/wiki/Apple_Color_Emoji

Apple Color Emoji is a color typeface used by iOS and OS X to display emoji, a series of ideograms originally created by Shigetaka Kurita for use in Japanese mobile phones.^[1][2]

...

The designers of the Apple Color Emoji typeface have not been publicly credited, following Apple's standard practice of not crediting work to individual developers, and former Apple employees have offered varying comments on who drew what.^[15][16][17]

A redesigned emoji keyboard was released in iOS version 8.3, this update also added varied skin tones and same-gender couples included in unicode 6.^[18]

As a result, the more naturalistic emoji faces switch to a neutral yellow skin tone by default, similar to the face emoji.

...

All but the first 3 words emphasis is mine

For info on rights to emoji images, see

http://www.unicode.org/emoji/images.html

Thank you for that link - I always wondered about that and certainly did not know this:

Any use of such copyrights, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner, is strictly prohibited.

So, it appears that the company mentioned by the OP is the actual owner of the emojis in question?

babowa wrote:

Thank you for that link - I always wondered about that and certainly did not know this:

Any use of such copyrights, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner, is strictly prohibited.

So, it appears that the company mentioned by the OP is the actual owner of the emojis in question?

it says that the designers of the emojis still own the rights - they can GRANT any rights they choose - I'll betcha a dime to a dollar that Apple would not license their designs for pillows...

the OP says

... recieved a letter from a company called Polo Trade (spain) that says that have patented all Apple emojis. You can see in European Union Intellectual Property web that have patented all designs of different emojis. This company threatened to denounce me if I dont stop to selling these pillow emojis.

My question is, has this company the permission to patent all emojis from Apple?

Balderdash.

Only Apple Legal can answer this question.

It is best to consult a lawyer that deals with copyrights/trademarks/patents. Since you received a "cease and desist" notification, you need an expert to help you navigate the nuances of the law(s).

Have a nice day;

I would be interested in seeing this "letter" that you have received -

• If an email, post the entire thing - copy/paste - and redact any 'personal info'
• If postal mail (I cannot imagine a 'legal' cease and desist demand being anything but "Certified/Return Receipt") - take a photo, redact any personal info and post the pic

If there was ANY inkling of a request for "payment" for continued use of Apple Emoji, it is very likely a scam !!

Now that you have posted the "pillow pictures" (evidence), you may be getting a REAL Cease and Desist demand from Apple!

I would certainly and strongly advise against posting the content of what could become part of a legal action on an open online forum. I would also suggest not to post any further pictures.

As suggested, consult an attorney. You should not discuss such matters online with strangers.

Thanks, counselor. - posting a cease and desist demand letter has no bearing on the infringement case, but rather might reveal something about the "Polo Trade" company making the demand.

This may be nothing more than a SCAM trying to extort $ (or pesos) from the OP.

Apple will surely not pursue a Spanish retailer of "4-5 pillows per week" of counterfeited goods, but rather go after the manufacturer/distributor of those goods. The OP has already done the damage to themselves in posting pics.

(if I were a conspiracy theorist, I would think this whole thing might me subtle advertising!?)

emojisapple wrote:

ChitlinsCC

Regrettably isn't scam, the letter I recieved is from a company called "Sugrañes patents" (a company dedicated to the registration of patents) located in Barcelona, they who are patented all Apple emojis for the company "Polo Trade"

In the letter (burofax) they say that if i don't stop selling apple emojis pillows in the next 7 days will take action legals. They probably are sending this letter to all shops or sellers that sell any product related with emojis, pillows, purses, etc But i dont understand how is possible that this company patent emojis propierty of Apple, I doubt they have permission.

At the moment i dont know what to do, I do not have many ressources and time to find a lawyer, I'm still waiting for Apple reply of this issue, so I'm raising to close my pillow emojis web and stop to selling it to avoid problems, however I think that this company dont have permissions from Apple to patent their emojis.

Thanks all those who have answered me

http://www.sugranes.com/ is a company that is "contracted" by the "holder" of some piece of intellectual property to "search for" infringers upon that right. This is a common, legitimate and booming business.

If I were you, I would pull the merchandise as demanded. That will stop any action that they have threatened. Next, I would reply to http://www.sugranes.com/ and offer to provide them with the information on your supplier of the pillows. They are after the "big fish" in this scenario - one from whom they can actually collect real monetary damages.

That said, I do not believe that Apple would DIRECTLY grant license for their copyrighted FONT - https://en.wikipedia.org/wiki/Apple_Color_Emoji - to a maker of pillows. They MAY have granted license to some other firm (Polo Trade?) to produce products BASED upon the images - but it is really irrelevant at this point who holds the rights, it is not you.

The best advice you have received is to hire an attorney to handle this matter. Follow up on that.