The court is on Apple's side: headphones similar to AirPods have been banned in Ukraine
Apple won in the court of first instance in a lawsuit against Ukrainian importer TD Rubin LLC.
Apple won in the court of first instance in a lawsuit against Ukrainian importer TD Rubin LLC.
Apple believes that the company is violating its intellectual property rights to trademarks and industrial designs, and wanted it to destroy the goods — headphones and Bluetooth headsets made in China. The case was considered in the first instance for more than two years.
What kind of headphones?
Apple demands to remove from civil circulation and destroy One headphones with a microphone and a highly elastic cable (НОСО M1 original НР-01WT) — in the amount of 3009 pieces; НОСО M1 РR0 original in the amount of 3009 pieces; receiving equipment for telephone communication: wireless headphones AP2 — 1000 pieces; Bluetooth headset AP3 — 1000 pieces; Bluetooth headset AP4 — 1000 pieces.
Manufacturers: Shenzhen Hoco Technology Development Co. LTD, Shenzhen Tianzhao Huayao Technology Co. LTD.
Back in 2023, the dev.ua editorial team found HOCO M1 headphones in large quantities in Ukrainian online stores. Interestingly, there are no Apple brand marks on them.
At the end of 2023, Apple slightly softened its claims. Namely, it refused to withdraw the goods from circulation and destroy them.
According to the case materials, Apple has registered patents in Ukraine for industrial designs: headphones, a headset, a case for storing and charging headphones. Moreover, the company has trademarks for the appearance of the headphones themselves, both separately and in the case.
The court ordered an independent expert examination. The expert concluded that the appearance of the products produces the same overall impression on an informed user as an industrial design protected by a patent owned by Apple Inc.
«The differences are partly due to imperfections in the photographs and angles of the products, rather than real differences,» the case materials state.
The court had doubts about only one Apple trademark. It was about the image of the branded apple on the packaging.
The court found that the packaging of the product samples does indeed contain this figurative sign, which is visually likely to be similar to the plaintiff’s trademark, as well as the word sign «Apple iOS». Along with this, the packaging also contains the figurative and word signs «Android», «Bluetooth 5.0», «Bass», «15m».
«The above designations, by their nature, in aggregate and in essence, really indicate the technical characteristics (in particular, compatibility with operating systems) of the relevant product, in which the court does not see any signs of violation of the rights of the owner of the certificate under international registration,» the court’s decision states.
Therefore, Apple’s lawsuit was partially satisfied. In fact, the importer was prohibited from using images of AirPods — headphones and chargers — and from using the corresponding Apple industrial designs.
