Lions Gate Entertainment a global movie Company claims that anyone who serves an application from a US based or owned server whether it be from Google Apple or Microsoft is subject to US law, irrelevant of whether the application actually applies to a US business or consumer.
Apple appears to have ignored their request.
The cross border grab to try and secure income from a flimsy generic name is set to have ramifications in Australia and several other Countries as Companies like Apple set to roll out services like iCloud and Google their Docs application service.
The claim made by Lions Gate Entertainment the owners of a US only trademark ‘TV Guide' exposes the risk for many operators who are hosting Country only applications on sites owned by the likes of Google, Apple & Microsoft.
It also exposes the US Patents Office who issued the trademark to Rovi the original owners of the name, when thousands of newspapers and magazines around the world were already using the term to describe information about TV programs.
In Australia both Foxtel and Ice TV along with 40 other TV Companies from around the world who host applications on Google and Apple servers, appear to have become victims of greedy grab by US lawyers acting for Lions Gate Entertainment and their subsidiary TV Guide, when Google overnight took down the Ice TV Android TV program Guide after being threatened by Lions Gate Lawyers.
In an email to Colin OBrien the CEO of IceTV in Australia in house lawyers for Lions Gate Entertainment said Google, Inc. is a U.S. company, based in California, and its Android Market is also based in the U.S. As stated in my letter to Google, TV Guide has several trademarks registered in the U.S, the distribution of IceTV's application under the name "TV Guide" is an infringement of the TV Guide trademark. As such, TV Guide is well within its rights to protect its intellectual property assets.
The problem for Ice TV is that Lionsgate Entertainment does not own the trademark in Australia and according to local lawyers would have little chance of getting a trade.
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