On Wednesday, the U.S. Court of Appeals for the 9th Circuit upheld a lower court’s ruling that found Samsung and Apple infringed on the trademark of Samantha “Candy” Logan.
The court noted that Logan’s trademark application for the “candy” emoji was filed in the U, S., E., and Canada, and that the first application was made in 2012.
The appeals court said the trademark was registered in the United States, and thus the trademark applied to Logan, whose real name is Samantha Ann Wilson.
“In this case, the court does not find that the second application for Samantha Logan is invalid, because the trademark for the emoji is valid, the second one in the case is invalid because it is not registered in Canada, but it does find that it is invalid based on the same facts as the first, that Samantha Logans application for trademark in the US was invalid,” the court said.
The appeals court added that the court’s decision does not mean that Logans trademarks should be invalidated.
It is important to note, however, that in order to invalidate a trademark, the district court must find that an application was frivolous and based on bad faith.
The district court had to decide whether Logans trademark application was a frivolous and improper attempt to evade the application filing requirement, and the court found that it was not.
The 9th U.C.C., the nation’s highest court, ruled in September that Apple infringes on the Logans’ trademark by using the trademark in advertising or promoting the product.
Apple said the ruling would be appealed.
The case is Samsung vs. Samsung Electronics Co., Case No. 11-1211.