Apple, Inc. v. Eforcity Corporation et al

Filing 85

FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT. Signed by Judge Jeremy Fogel on 11/22/2011. (jflc2, COURT STAFF) (Filed on 11/22/2011)

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KILPATRICK TOWNSEND & STOCKTON LLP
THEODORE T. HERHOLD (State Bar No. 122895)
ANDREW T. OLIVER (State Bar No. 226098)
ROBERT D. TADLOCK (State Bar No. 238479)
379 Lytton Avenue
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
APPLE INC.
LEWIS BRISBOIS BISGAARD & SMITH LLP
JON E. HOKANSON (State Bar No. 118829)
221 N. Figueroa St., Suite 1200
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
LEWIS BRISBOIS BISGAARD & SMITH LLP
ALAN J. HAUS, SB# 111566
E-Mail: [e-mail]
One Sansome Street, Suite 1400
San Francisco, CA 94104
Telephone:[phone]
Facsimile: 415.434.0882
Attorneys for Defendants,
EFORCITY CORPORATION,
ACCSTATION INC., ITRIMMING INC.
and EVERYDAYSOURCE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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APPLE INC., a California corporation,

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Plaintiff,

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v.
EFORCITY CORPORATION, a California
corporation; ACCSTATION INC., a
California corporation; ITRIMMING INC., a
California corporation;
EVERYDAYSOURCE INC., a California
corporation; UNITED INTEGRAL INC., a
California corporation; CRAZYONDIGITAL,
INC., a California corporation; and

Civil Action No. CV10-03216 JF (HRL)
FINAL JUDGMENT AND PERMANENT
INJUNCTION ON CONSENT

FINAL JUDGMENT AND INJUNCTION UPON CONSENT
CASE NO. 10-CV-03216 JF (HRL)

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BOXWAVE CORPORATION, a Nevada
corporation; and DOES 1 through 20,
inclusive,
Defendants.

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On July 22, 2010, Plaintiff Apple Inc. (“Apple”) filed suit against Defendants eForCity
Corporation, Accstation Inc., Itrimming Inc., and Everydaysource Inc., (collectively
“Defendants”) alleging infringement of Apple’s intellectual property (the “Action”). On April
25, 2011, Defendants answered Apple’s complaint. Apple and Defendants (collectively, the
“Parties”) have agreed to settle the claims asserted in the Complaint as well as additional claims
as set forth herein. In accordance with the terms of the Parties’ Settlement Agreement entered
into contemporaneously herewith, the Parties hereby agree to entry of a Final Judgment and
Permanent Injunction Upon Consent (“Injunction”) as set forth herein, and further agree and
stipulate that, upon confirmation by this Court, it is hereby ordered, adjudged, and decreed that:
1.

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All terms defined in this Injunction shall be so defined when used

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anywhere in this Injunction. Additionally, as used in this Injunction, the following capitalized

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terms shall have the meanings set forth below:

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a.

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“Person” means any individual, partnership, association,

corporation, limited liability company, trust, or any other form of legal entity.
b.

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“Control” means, with respect to any Person, the ability to control,

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manage, direct or otherwise materially influence the management, direction, operations or policies

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of such Person, whether by ownership of voting securities, by contract or otherwise.
c.

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“Copyrights” means Apple’s copyrighted works as depicted in

d.

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“Defendants” means eForCity Corporation, Accstation Inc.,

Exhibit A.

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Itrimming Inc., and Everydaysource Inc. and each of their predecessors, successors, assigns,

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affiliates, members, officers, managers, agents, servants, employees, representatives, or any Person

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who had or has Control of any of Defendants, is Controlled by any of Defendants, or is under

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FINAL JUDGMENT AND INJUNCTION UPON CONSENT
CASE NO. 10-CV-03216 JF (HRL)

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common control with any of Defendants, and all other Persons in active concert or participation
with any of them.
e.

7,529,872; 7,580,255; 7,587,540; 7,590,783; 7,627,343; D469,753; D515,070; D578,110;
D588,545; D589,491; D596,616; and D596,621.
f.

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“Trademarks” means the trademarks set forth in Exhibit B.
JUDGMENT

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“Patents” means U.S. Patent Nos. 7,305,506; 7,517,222; 7,529,870;

2.

This Court has jurisdiction over Defendants and the subject matter of this

Action and Injunction. Venue is proper in this Court.
3.

Apple is the owner of the Patents, Copyrights and Trademark, which are

infringed by Defendants.
4.

In full settlement of all claims raised in this Action, the Parties have

entered into a Settlement Agreement with an execution date of September 22, 2011 (the
“Settlement Agreement”).
5.

Defendants now stipulate and agree that judgment may be and hereby is

entered in Apple’s favor for all products made, used, sold, offered for sale, or imported into the
United States by Defendants that infringe the Patents, Copyrights, and Trademarks. Defendant
shall permanently cease and desist from any further infringement of the Patents, Copyrights, and
Trademarks.
6.

The Parties waive any right to appeal this Final Judgment and Injunction.

7.

The Parties shall each bear their own fees and costs in this Action.

8.

The Court will retain continuing jurisdiction for purposes of interpreting

and enforcing this Final Judgment and Injunction and all disputes that may arise relating to the
Settlement Agreement.
9.

The Clerk shall enter this Injunction pursuant to Rule 58 of the Federal

Rules of Civil Procedure.

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FINAL JUDGMENT AND INJUNCTION UPON CONSENT
CASE NO. 10-CV-03216 JF (HRL)

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PERMANENT INJUNCTION
Wherefore, the Parties stipulate to entry of the following permanent injunction:
10.

Except as licensed by Apple, Defendants shall refrain from and are

permanently enjoined from:
a.

Making, using, offering to sell, selling or importing into the United

States the following products or any products that are not colorably different from the following
products (collectively, the “Infringing Products”) until the expiration of each identified patent:
(i)

Regarding U.S. Patent No. 7,627,343, any product that uses

a 30-pin connector system to communicate with any Apple product, including but not limited to
DAPPIPODCC07, DAPPIPODCC08, DAPPIPODCC09, DAPPIPODCC10, DAPPIPODTC12,
DAPPIPODTC13, CAPPIPHODAT2, CAPPIPHODAT4, CAPPIPHODAT5, DAPPIPODCR10,
DAPPIPODCR11, DAPPIPODCR12, CAPPIPHOCRA2, DAPPIPODDA15, DAPPIPODDAT3,
DAPPIPODDAT2, DAPPIPODDAT4, DAPPIPODDA11, DAPPIPODFM05, DAPPIPODFM07,
DAPPIPODFM08, DOTHXXXXFM12, DOTHXXXXFM15, DOTHXXXXFM17,
DOTHXXXXFM19, DOTHXXXXFM21, DOTHXXXXFM22, DAPPIPODSPK1,
DOTHXXXXSP18, CAPPIPHOPHC1, CAPPIPHOLI02, CAPPIPHOLI06, CAPPIPHOAD07 and
CAPPIPHOAD08;
(ii)

Regarding U.S. Patent Nos. 7,305,506; 7,587,540;

7,590,783; 7,529,870; and 7,529,872, CAPPIPHOCRA2, DAPPIPODCR10, DAPPIPODCR11,
DAPPIPODCR12, DAPPIPODFM05, DAPPIPODFM07, DAPPIPODFM08, DOTHXXXXFM12,
DOTHXXXXFM15, DOTHXXXXFM17, DOTHXXXXFM19, DOTHXXXXFM21, and
DOTHXXXXFM22;
(iii)

Regarding U.S. Patent No. 7,580,255, DAPPIPODCR10

(iv)

Regarding U.S. Patent No. 7,517,222, PAPPMC13TC01;

(v)

Regarding U.S. Patent No. D469,753, COTHXXXXHS53;

and DAPPIPODCR11;

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FINAL JUDGMENT AND INJUNCTION UPON CONSENT
CASE NO. 10-CV-03216 JF (HRL)

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(vi)

Regarding U.S. Patent No. D515,070, COTHXXXXHS60,

COTHXXXXHS61, and COTHXXXXHS76;
(vii)

Regarding U.S. Patent No. D578,110, DAPPIPODCR10

(viii)

Regarding U.S. Patent No. D588,545, CAPPIPHODAT4,

and DAPPIPODCR11;

DAPPIPODDA15, and DAPPIPODDAT3;
(ix)

Regarding U.S. Patent No. D596,616, COTHXXXXHS82;

(x)

Regarding U.S. Patent No. D596,621, DAPPIPODCR10,

and

DAPPIPODCR11, and DAPPIPODCR12;
b.

Any use of the Trademarks and/or the Copyrights in any period

during which Defendants are not in full compliance with the Apple’s Guidelines for Using Apple
Trademarks and Copyrights, attached as Exhibit C; and,
c.

Assisting, aiding or abetting any person or entity engaging in or

performing any act prohibited by this paragraph.
11.

Defendants, within thirty (30) calendar days of entry of this Injunction, shall

provide written assurance under penalty of perjury, to Apple’s counsel of record in the Action, that
they have come into compliance with the Apple trademark guidelines attached as Exhibit C.

ON BEHALF OF THE PARTIES:

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October 25
Dated: ______________, 2011

KILPATRICK TOWNSEND AND STOCKTON LLP
/s/ Andrew T.
By: _____________ Oliver
THEODORE T. HERHOLD
ANDREW T. OLIVER
ROBERT D. TADLOCK
Attorneys for Plaintiff APPLE INC.

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October 22
Dated: ______________, 2011

LEWIS BRISBOIS BISGAARD & SMITH LLP

FINAL JUDGMENT AND INJUNCTION UPON CONSENT
CASE NO. 10-CV-03216 JF (HRL)

By:

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ttomeys for Defendants EFORCITY
CORPORATION, ACCSTATION INC.,
ITRIMMING INC. and EVERYDAYSOURCE
INC.

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PURSUANT TO STIPULA nON, IT IS SO ORDERED, ADJUDGED, AND DECREED.

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DATED: _ _ _ _ _ _,2011

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THE HON. JEREMY FOGEL
United States District Judge

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FINAL JUDGMENT AND INJUNCTION UPON CONSENT
CASE NO. lO-CV-03216 JF (HRL)

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EXHIBIT A

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COPYRIGHTED WORKS

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FINAL JUDGMENT AND INJUNCTION UPON CONSENT
CASE NO. 10-CV-03216 JF (HRL)

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EXHIBIT B

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TRADEMARKS

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FINAL JUDGMENT AND INJUNCTION UPON CONSENT
CASE NO. 10-CV-03216 JF (HRL)

Apple - Legal - Trademark List

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Apple
Store
Mac
iPod

iPhone
iPad

iTunes
Support

Apple Trademark List

Legal Information

The following is a list of Apple’s trademarks and service marks.

End User Software License Agreements
Hardware Warranties

When using the marks in publications that will be distributed only in the United States, include the
appropriate TM, SM, or ® symbol on first use. For publications that will be distributed outside the
United States, do not include trademark symbols. Instead use the appropriate trademark attribution
notice, for example: Mac and Mac OS are trademarks of Apple Inc., registered in the U.S. and other
countries.

The list also includes one or more suggested generic terms for each trademark. For all publications,
include an appropriate generic term after the trademark the first time it appears. Thereafter, the
generic term should appear frequently with the trademark. (Note: These generic terms are only
suggestions, and there may be other words that are equally appropriate.)

Remember that trademarks are adjectives, and cannot be made plural or possessive.
For more information on how to use Apple’s trademarks, refer to the document titled, "Guidelines for
Using Apple Trademarks," or contact the Trademark Department by e-mail at [e-mail].
The absence of a product or service name or logo from this list does not constitute a waiver of Apple’s
trademark or other intellectual property rights concerning that name or logo.

iPhone Warranty
Original iPhone
iPhone 3G
Privacy Policy

iTunes Store Terms
Sales Policies
Apple Global Online Support site (AGOS)
English
Français (French)
Deutsch (German)

日本語 (Japanese)
Apple Online Store
Apple Online Store for K12 Schools
Apple Online Store for Higher Education
Retail Store
Apple Online Store for Education Individuals
Apple Authorized U.S. Reseller

Service Products
AppleCare Protection Plan for 1:1 Learning Solutions (PDF)
AppleCare Service Plan

APPLE’S TRADEMARKS

GENERIC TERM(S)

AirMac®

wireless hardware/software solution

AirPlay®

software feature

AirPort®

wireless hardware/software solution

AirPort Express®

wireless hardware/software solution

AirPort Extreme®

wireless hardware/software solution

AirPrint™

software feature

AirTunes®

application program

A.Pack®

software feature

Aperture®

application program

Apple®

computers, computer software, computer peripherals, etc.

AppleCare Protection Plan
AppleCare Protection Plan for iPhone
AppleCare Protection Plan for iPad
AppleCare Repair Agreement
AppleCare Parts Agreement
Bomgar Remote Support Software
AppleCare Premium Service and Support Plan Terms
and Conditions
AppleCare Technical Support Services Terms and Conditions
Remote Support Terms and Conditions
(Bomgar Software) (PDF)

Terms of Service
Web Site Terms and Conditions of Use
Apple Print Services Terms of Use
Apple Print Services Sales Policies & Ordering Information
MobileMe Terms of Service
iWork.com Public Beta Terms of Service

Apple logo®

One to One Terms and Conditions

Apple IIGS™

computer

AppleCAT®

application program

AppleCD SC®

CD-ROM drive

Apple Cinema Display®

computer monitor

AppleFund™

reimbursement program

AppleLink™

communication network/computer software

Apple Media Series™

training materials

Apple Remote Desktop™

remote desktop software

AppleScript®

application program

AppleScript Studio®

development software

AppleShare®

server software

Apple Studio Display™

computer monitor

AppleTalk®

network system

Apple TechStep™

diagnostic software

ProCare Terms and Conditions
iChat Account Terms of Service
iTunes Store Terms of Service
iTunes Store Gift Certificates and Allowances Terms
and Conditions
iTunes Store Terms of Sale
Discussions Terms and Conditions
Repair Terms and Conditions
iPhone Service
Retail Store Service
General Service (English)
General Service (Dutch)
General Service (Spanish)
General Service (Italian)
General Service (Japanese)
General Service (German)
General Service (Swedish)
General Service (French)
Express Replacement Service for iPhone
In Warranty Terms and Conditions
Out of Warranty Terms and Conditions
Training Service Terms and Conditions

Policies

http://www.apple.com/legal/trademark/appletmlist.html

7/20/2011

Apple - Legal - Trademark List

Page 2 of 9

Unsolicited Idea Submission Policy

Apple TV®

digital media extender

AppleVision™

computer display

AppleWorks®

application program

Trademark List

Aqua®

user interface

Apple Web Badges

Copyright
Piracy Prevention

Audio Units logo™
Back to My Mac®

software feature

Bonjour®

networking technology

Bonjour logo®
Boot Camp®

Privacy Policy

Trademark, Copyright and Intellectual Property

application program

Capitals®

computer font

Carbon®

FileMaker Legal Information
NeXT Trademark List

Training and Certification Agreements and Policies
Legal Contacts
Export Compliance
Supplier Provisions

software technology

Charcoal®

Guidelines for Trademarks and Copyrights

computer font

Chicago®

computer font

Cinema Tools™

application program

Claris®

software

Cocoa®

software technology

Cocoa Touch®

software technology

ColorSync®

application program

ColorSync logo®
Cover Flow®

application program

Dashcode®

developer software

DVD@CCESS™

software feature

DVD Studio Pro®

application program

Educator Advantage™

marketing program

EdView®

Web portal

eMac®

computer

Encyclomedia®

CD-ROM bundle

Enterprise Objects™

computer software

Enterprise Objects Framework™

computer software

EtherTalk®

interface card/network

Exposé®

computer software

Extensions Manager™

system software

FaceTime®

video calling

FairPlay®

software technology

FileVault®

application program

Final Cut®

application program

Final Cut Pro®

application program

Final Cut Studio®

application program

Finder®

operating system software

FireWire®

serial bus

FireWire compliance logo™
FireWire logo™
FireWire symbol®
FontSync®

application program

Gadget™

computer font

GarageBand®

application program

Geneva®

computer font

HyperCard®

application program

http://www.apple.com/legal/trademark/appletmlist.html

7/20/2011

Apple - Legal - Trademark List

HyperTalk®

application program

iBook®

computer

iBooks®

application program

iCal®

application program

iChat®

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application program

iCloud®

online services

iDVD®

application program

iFrame Logo™

video format

iLife®

suite of application programs

iMac®

computer

ImageWriter®

printer

iMovie®

application program

Inkwell®

application program

Instruments®

developer software

Inter·Poll®

application program

iPad®

mobile digital device

iPhone®

mobile digital device

iPhoto®

application program

iPod®

mobile digital device

iPod classic®

mobile digital device

iPod Hi-Fi®

speakers

iPod nano®

mobile digital device

iPod shuffle®

mobile digital device

iPod Socks®

holder for computer hardware and consumer electronics

iPod touch®

mobile digital device

iSight®

camera

iTunes®

application program

iTunes Logo™

application program

iTunes Pass®

online store

iWeb™

application program

iWork®

suite of application programs

Jam Pack®

computer software

Keychain®

operating system feature

Keynote®

application program

LaserWriter™

printer

Leopard®

operating system software

LiveType®

application program

LocalTalk®

computer cable system/network

Logic®

application program

Logic Studio®

application program

Mac®

computer

Mac logo®
MacApp®

application program

MacBook®

computer

MacBook Air®

computer

MacDNS®

application program

Macintosh®

computer

Macintosh Products Guide®

online catalog

http://www.apple.com/legal/trademark/appletmlist.html

7/20/2011

Apple - Legal - Trademark List

Mac OS®

operating system software

MacPAD™

application program

MacTCP®

application program

MacTest™

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application program

Made for iPad logo™
Made for iPhone logo™
Made for iPod logo®
MagSafe®

power adapters

MainStage®

application program

Monaco®

computer font

MPW®

application program

Multi-Touch™

touchscreen interface

NetInfo™

computer software

Newton™

operating system software

New York®

computer font

Numbers®

application program

Objective-C®

computer software

OfflineRT™

software feature

Open Directory logo™
OpenCL™

software technology

OpenPlay®

application program

Pages®

application program

Panther®

operating system software

Photo Booth®

application program

Photocasting™

digital content delivery service

Pixlet®

compression application program

Podcast Logo®

application feature

PowerBook®

computer

Power Mac®

computer

ProDOS™

operating system software

Quartz®

graphics and display technology

QuickDraw®

application program

QuickTime®

application program

QuickTime Broadcaster™

application program

QuickTime logo®
QuickTime TV™

Internet broadcast network

Retina™

display

Rosetta®

application program

SADE®

application program

Safari®

application program

Sand®

computer font

Shake®

application program

Sherlock®

application program

Shuffle™

mobile digital device

Skia™

computer font

SnapBack™

application feature

Snow Leopard®

operating system software

Soundtrack®

application program

http://www.apple.com/legal/trademark/appletmlist.html

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Apple - Legal - Trademark List

Spaces®

Page 5 of 9

operating system feature

Spotlight®

software utility

StyleWriter™

printer

SuperDrive®

computer media device

Techno™

computer font

Textile®

computer font

Think different®

slogan

Tiger®

computer operating system software

Time Capsule®

wireless hard drive/Wi-Fi base station

Time Machine®

application program

TrueType®

font technology

Tubes®

cases for computer hardware and consumer electronics

Ultrabeat®

software feature

Velocity Engine®

vector processing unit

WaveBurner®

application program

WebObjects®

software

WebScript™

computer software

Works with iMovie logo™
Works with iPhone logo®
Xcode®

developer software

Xgrid®

application program

Xsan®

application program

Xserve®

server

APPLE’S SERVICE MARKS

GENERIC TERM(S)

A Comprehensive Study of Final Cut Pro℠

training course

A Comprehensive Study of iLife℠

training course

A Comprehensive Study of Motion℠

training course

A Comprehensive Study of Shake℠

training course

ACOT℠ (Apple Classrooms of Tomorrow)

education services

ACOT 2℠

education services

ACTC Boot Camp℠

training course

Administering Final Cut Server℠

training course

Advanced Editing Techniques in Final Cut Pro℠

training course

Advanced Techniques in Logic Pro℠

training course

An Introduction to Administering Final Cut Server℠

training course

An Introduction to Aperture℠

training course

An Introduction to Color℠

training course

An Introduction to Color Correction in Final Cut Studio℠

training course

An Introduction to DVD Studio Pro℠

training course

An Introduction to Final Cut Pro℠

training course

An Introduction to Final Cut Pro, Prime Time℠

training course

An Introduction to Final Cut Express℠

training course

An Introduction to GarageBand℠

training course

An Introduction to iLife℠

training course

An Introduction to iWork℠

training course

An Introduction to Logic Express and Logic Pro℠

training course

An Introduction to Motion℠

training course

http://www.apple.com/legal/trademark/appletmlist.html

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An Introduction to Sound Editing in Final Cut Studio℠

training course

An Introduction to Soundtrack Pro℠

training course

An Overview of Final Cut Pro℠

training course

An Overview of Final Cut Server℠

training course

App Store℠

online store

Apple®

various services

AppleCare®

service and support programs

Apple Certified Trainer℠

certification services

Apple Consultants Network℠

consultant services

Apple Desktop Service Certification℠

training course

Apple Desktop Service Lab℠

training course

Apple iServices®

Internet services

Apple Portable Service Certification℠

training course

Apple Portable Service Lab℠

training course

Apple Store®

retail store services

Complete My Album®

feature of online store

Final Cut Pro Advanced Editing℠

training course

Genius Bar®

service and support program

Genius Bar logo®

service and support program

iAd℠

mobile advertising platform

iBookstore℠

online store

iDisk®

online services

Introduction to Mac OS X℠

training course

iMix®

feature of online store

Indie Spotlight℠

feature of online store

The iTunes Download®

radio show, podcast

iTunes Extras®

online store

iTunes LP℠

online store

iTunes Music Store®

online music store

iTunes Plus®

feature of online store

iTunes Store®

online store

.Mac®

online services

Mac App Store℠

online store

Mac.com®

Email service

Mac Integration Basics 10.6℠

training course

Mac OS X Advanced Administration℠

training course

Mac OS X Deployment℠

training course

Mac OS X Directory Services℠

training course

Mac OS X Security & Mobility℠

training course

Mac OS X Server Essentials℠

training course

Mac OS X Support Essentials℠

training course

MobileMe®

online services

Motion Graphics and Effects in Final Cut Studio℠

training course

onetoone®

service and support program

ProCare®

service and support program

Shop different™

slogan

Vingle®

feature of online store

Xsan for Pro Video℠

training course

http://www.apple.com/legal/trademark/appletmlist.html

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Apple - Legal - Trademark List

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Xsan 2 Administration℠

training course

Xsan 2 for Pro Video℠

training course

SPECIAL AND LICENSED TRADEMARKS AND/OR COPYRIGHTS
Use the trademark notation shown here the first time the trademark is mentioned in text in U.S.

publications. Include the credit line in all U.S and international publications in which the trademark is
mentioned.
In addition to the marks listed below, all FileMaker marks require the trademark notation the first time
the trademark is mentioned in U.S. publications and credit lines in all U.S. and international
publications in which the trademark is mentioned. For FileMaker, Inc. trademarks, look on the Web at
FileMaker, Inc..

For NeXT trademarks, look on the Web at http://www.apple.com/legal/trademark/nexttmlist.html.
1-Click® is a registered trademark of Amazon.com, Inc. in the US and other countries. [Place a ®

notation after the first mention of 1-Click in text in publications distributed in the US, Europe, and
Canada.]
ACT! is used under license from Symantec Corporation.
ADDmotion is a trademark of Motion Works International, Inc.
Ad Lib is a trademark of Nick Nallick, used under license.
Adobe, the Adobe logo, Acrobat, the Acrobat logo, Distiller, PostScript, and the PostScript logo are
trademarks or registered trademarks of Adobe Systems Incorporated in the U.S. and/or other
countries.
AIX is a trademark of IBM Corp., registered in the U.S. and other countries, and is being used under
license.
Apache: The Apache acknowledgement is now included in the code itself, in line with the new Apache
Foundation license (2000). Credit in printed advertising materials is no longer required.
BLUEmagic is a trademark of Open Interface North America in the U.S. and other countries.
Bluetooth: The registered trademark symbol “®” should be added in superscript format immediately
following the Bluetooth word mark wherever the word mark first appears on product packaging,
products, web pages, and marketing pieces, and in textual information.
Whenever the Bluetooth word mark or logo is used it must be attributed with an appropriate
trademark footnote, such as: The Bluetooth® word mark and logos are registered trademarks owned
by Bluetooth SIG, Inc. and any use of such marks by Apple is under license.
The registered trademark symbol, ®, is to be printed as part of the logo. In the event that the use of
the “®” symbol with the Bluetooth mark on a product, or as part of a product display feature, is
impractical due to the small size of a Bluetooth mark, you may omit the “®” symbol on such product or
product display feature, provided, however, that appropriate language identifying and attributing the
Bluetooth marks is included.

BSD (4.4 Lite) operating system from UC Berkeley and others for Mac OS X and/or Mac OS X Server: All
advertising materials mentioning features or use of this software must include the following

acknowledgement: “This product includes software developed by the University of California, Berkeley,
FreeBSD, Inc., The NetBSD Foundation, Inc., and their respective contributors.” We must also obtain
UCB’s written permission prior to any endorsement or promotion of their software.
CDB is a trademark of Third Eye Software, Inc.
The CD Extra logo™ is a trademark of Sony Corporation.
DEC™, DECnet™, VMS™, and VAX™ are trademarks of Digital Equipment Corporation.
Dolby Laboratories: Manufactured under license from Dolby Laboratories. “Dolby,” “Pro Logic,” and the
double-D symbol are trademarks of Dolby Laboratories. Confidential Unpublished Works, © 19921997 Dolby Laboratories, Inc. All rights reserved.

FaceSpan™ and FrontMost™ are trademarks of Software Designs Unlimited, Inc.
GeForce4 is a trademark of NVIDIA Corporation.

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Helvetica®, Times®, and Palatino® are registered trademarks of Heidelberger Druckmaschinen AG,
available from Linotype Library GmbH.
Intel, Intel Core, and Xeon are trademarks of Intel Corp. in the U.S. and other countries. [This
attribution is not necessary unless Apple’s own marks are specifically attributed.]

IOS is a trademark or registered trademark of Cisco in the U.S. and other countries and is used under
license.
ITC Avant Garde Gothic® , ITC Bookman®, ITC Garamond®, ITC Zapf Chancery®, and ITC Zapf
Dingbats® are registered trademarks of International Typeface Corporation.
Java is a registered trademark of Oracle and/or its affiliates.
LaserTools™ is a trademark of LaserTools Corporation.
MacDNS: Include the following copyright notice on end-user documentation only: "ThreadLib 1.04 ©
1994 by Ari Halberstadt."
mLAN code: When the mLAN Trademark is used in an Apple catalogue, brochure or instruction
manual, the following attribution statement must be included in a footnote: “mLAN™ is a trademark of
YAMAHA CORPORATION.”

MobileComm is a registered trademark of Mobile Communications Corporation of America.
Netscape Navigator™ is a trademark of Netscape Communications Corporation.
Nomad is a registered trademark of Aonix and is used by Creative Technology Ltd. and/or its affiliates
under license. [Apple may reproduce the Nomad trademark solely in connection with marketing the
Creative products on related splash or computer screens or to accurately acknowledge interoperability
BUT WE MUST INCLUDE the trademark attribution notice to Aonix in this instance.]
Notion is a trademark of Eidetic, Inc. All packaging and product labels must also include the following
copyright notice: "© 1994, Eidetic, Inc. All rights reserved."
NuBus is a trademark of Texas Instruments.
OpenGL® or OpenGL Logo®: OpenGL is a registered trademark of Silicon Graphics, Inc.
OpenSSL by The OpenSSL Project (Mac OS X and/or Mac OS X Server): All advertising materials
mentioning features or use of this software must include the following acknowledgement: “This
product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit
(http://www.openssl.org/).” We must also obtain the OpenSSL Project’s written permission if we wish
to use the names “OpenSSL Toolkit” or “OpenSSL Project” to endorse or promote software derived from
the OpenSSL software.
The Photo CD logo™ is a trademark of Eastman Kodak Company.
Ping is a registered trademark of Karsten Manufacturing Corporation and is used in the U.S. under
license.
PowerCD™ is a trademark of ZCI, Inc., Dallas, Texas.
PowerForms™ is a trademark of Sestra, Inc., a division of HealthCare Communications.
PowerPC™ and the PowerPC logo™ are trademarks of International Business Machines Corporation,
used under license therefrom.

RealAudio™ and the RealAudio logo™ are trademarks of Progressive Networks, Inc.
Smalltalk-80™ is a trademark of ParcPlace Systems.
SoftWindows™: Windows is a registered trademark of Microsoft Corporation and SoftWindows is a
trademark used under license by Insignia from Microsoft Corporation. [Place a™ symbol after the first
and most prominent use of the mark SoftWindows in text.]

SPEC® is a registered trademark of the Standard Performance Evaluation Corporation (SPEC). See
http://www.spec.org for more information.

Sprocket: The following notice must appear on the Apple Game Sprocket Web site: "Sprocket is a
trademark of MacTech Magazine, used by permission. The Apple Game Sprocket software has no
association with MacTech Magazine."

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SRS: Use one of the following as appropriate:
"The SRS Symbol is a registered trademark of SRS Labs, Inc."
"The word SRS is a registered trademark of SRS Labs, Inc."

"SRS and the SRS Symbol are registered trademarks of SRS Labs, Inc."
TextBridge® and Xerox® are registered trademarks of Xerox Corporation. [Place the trademark
notation symbol (™ or ®) after the first mention of the marks in text and in the credit notice.]
Trinitron® is a trademark of Sony Corporation, registered in the U.S. and other countries.
UCB (ftpd) code from UC Berkeley and others for Mac OS X and/or Mac OS X Server: All advertising

materials mentioning features or use of this software must include the following acknowledgement:
“This product includes software developed by the University of California, Berkeley, FreeBSD, Inc., The
NetBSD Foundation, Inc., and their respective contributors.” We must also obtain UCB’s written
permission prior to any endorsement or promotion of their software.
UNIX® is a registered trademark of The Open Group.
VideoWorks is a trademark of Macromedia, Inc.
The Walk of Fame Star is a trademark of the Hollywood Chamber of Commerce.
X Window System is a trademark of the Massachusetts Institute of Technology.
The YouTube logo is a trademark of Google Inc. (Only necessary when Apple's or other party's logos
are also attributed.)

OTHER APPLE PRODUCT OR SERVICE NAMES
If a product or service name is not listed under Apple’s Trademarks or Apple’s Service Marks, it should
not be followed by a ™ or ® notation and should not be included in credit lines. However, if a product
or service name includes Apple, Macintosh, or another Apple mark listed in this trademark list, do
apply the correct trademark symbol (™ or ®) to that portion of the name for U.S. publications only. In
addition, all Apple trademarks need to be given the correct attribution in the credit section of all U.S.
and international publications.
Example:
The Apple® iMac® computer comes with iWeb™ software. — credit line: Apple and iMac are trademarks
of Apple Inc., registered in the U.S. and other countries. iWeb is a trademark of Apple Inc.
SPECIAL COMMENTS
If you have any questions or comments regarding the list, please send us an e-mail at
[e-mail].
This list includes updates as of May 19, 2011.

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1

EXHIBIT C

2

GUIDELINES FOR USING APPLE TRADEMARKS AND COPYRIGHTS

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FINAL JUDGMENT AND INJUNCTION UPON CONSENT
CASE NO. 10-CV-03216 JF (HRL)

Apple - Legal - Copyright and Trademark Guidelines

Page 1 of 4

Apple
Store
Mac
iPod

iPhone
iPad

iTunes
Support

Guidelines for Using Apple Trademarks and
Copyrights
(Formerly entitled Guidelines for Third Parties Using Apple Trademarks and Copyrights)
These guidelines are for Apple licensees, authorized resellers, developers, customers, and other
parties wishing to use Apple’s trademarks, service marks or images in promotional, advertising,

instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the
"keyboard" Apple Logo (Option-Shift-K) for commercial purposes without the prior written consent of

Apple may constitute trademark infringement and unfair competition in violation of federal and state
laws. Use of Apple trademarks may be prohibited, unless expressly authorized.
If you are a licensee of an Apple trademark or logo and have been provided with special trademark
usage guidelines with your license agreement, please follow those guidelines. If your license

agreement does not provide usage guidelines, then follow these guidelines. If you are an Apple
Authorized Reseller or member of an Apple program, you may be subject to additional restrictions.
Apple’s trademarks, service marks, trade names, and trade dress are valuable assets. In following
these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and
brand identities. By using an Apple trademark, in whole or in part, you are acknowledging that Apple
is the sole owner of the trademark and promising that you will not interfere with Apple’s rights in the

trademark, including challenging Apple’s use, registration of, or application to register such
trademark, alone or in combination with other words, anywhere in the world, and that you will not
harm, misuse, or bring into disrepute any Apple trademark. The goodwill derived from using any part
of an Apple trademark exclusively inures to the benefit of and belongs to Apple. Except for the limited
right to use as expressly permitted under these Guidelines, no other rights of any kind are granted
hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please
talk to your Apple representative or send an e-mail to Apple’s Trademark Department at
[e-mail].

Authorized Use of Apple Trademarks
1. Advertising, Promotional, and Sales Materials: Only Apple and its authorized resellers and licensees
may use the Apple Logo in advertising, promotional, and sales materials. Apple Authorized Resellers
may use the Apple Logo only as specified in their reseller agreement and the Apple Corporate Identity
Guidelines for Resellers and such use must always be in conjunction with the appropriate terms that
define the relationship authorized by their contract with Apple. For example:
Authorized Reseller
Authorized Value Added Reseller
Authorized Service Provider
Authorized Wholesaler
2. Compatibility: Developers may use Apple, Macintosh, iMac, or any other Apple word mark (but not
the Apple Logo or other Apple-owned graphic symbol/logo) in a referential phrase on packaging or

promotional/advertising materials to describe that the third party product is compatible with the
referenced Apple product or technology, provided they comply with the following requirements.
a. The Apple word mark is not part of the product name.
b. The Apple word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or
“compatible with.”
c. The Apple word mark appears less prominent than the product name.

d. The product is in fact compatible with, or otherwise works with, the referenced Apple product.
e. The reference to Apple does not create a sense of endorsement, sponsorship, or false association
with Apple or Apple products or services.

Legal Information
End User Software License Agreements
Hardware Warranties
iPhone Warranty
Original iPhone
iPhone 3G
Privacy Policy

iTunes Store Terms
Sales Policies
Apple Global Online Support site (AGOS)
English
Français (French)
Deutsch (German)

日本語 (Japanese)
Apple Online Store
Apple Online Store for K12 Schools
Apple Online Store for Higher Education
Retail Store
Apple Online Store for Education Individuals
Apple Authorized U.S. Reseller

Service Products
AppleCare Protection Plan for 1:1 Learning Solutions (PDF)
AppleCare Service Plan
AppleCare Protection Plan
AppleCare Protection Plan for iPhone
AppleCare Protection Plan for iPad
AppleCare Repair Agreement
AppleCare Parts Agreement
Bomgar Remote Support Software
AppleCare Premium Service and Support Plan Terms
and Conditions
AppleCare Technical Support Services Terms and Conditions
Remote Support Terms and Conditions
(Bomgar Software) (PDF)

Terms of Service
Web Site Terms and Conditions of Use
Apple Print Services Terms of Use
Apple Print Services Sales Policies & Ordering Information
MobileMe Terms of Service
iWork.com Public Beta Terms of Service
One to One Terms and Conditions
ProCare Terms and Conditions
iChat Account Terms of Service
iTunes Store Terms of Service
iTunes Store Gift Certificates and Allowances Terms
and Conditions
iTunes Store Terms of Sale
Discussions Terms and Conditions
Repair Terms and Conditions
iPhone Service
Retail Store Service
General Service (English)
General Service (Dutch)
General Service (Spanish)
General Service (Italian)
General Service (Japanese)
General Service (German)
General Service (Swedish)
General Service (French)
Express Replacement Service for iPhone
In Warranty Terms and Conditions
Out of Warranty Terms and Conditions
Training Service Terms and Conditions

Policies

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Apple - Legal - Copyright and Trademark Guidelines

f. The use does not show Apple or its products in a false or derogatory light.

Page 2 of 4

Unsolicited Idea Submission Policy
Privacy Policy

3. Publications, Seminars, and Conferences: You may use an Apple word mark in connection with book
titles, magazines, periodicals, seminars, or conferences provided you comply with the following
requirements:

Trademark, Copyright and Intellectual Property
Trademark List
Copyright
Apple Web Badges

a. The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE for
Macintosh Computer Users

Piracy Prevention
Guidelines for Trademarks and Copyrights
FileMaker Legal Information

b. The use reflects favorably on both Apple and Apple products or technology.
c. Your name and logo appear more prominent than the Apple word mark on all printed materials
related to the publication, seminar or conference.

d. The Apple logo or any other Apple-owned graphic symbol, logo, icon or image does not appear on
or in the publication or on any materials related to the publication, seminar, or conference without
express written permission from Apple.

NeXT Trademark List

Training and Certification Agreements and Policies
Legal Contacts
Export Compliance
Supplier Provisions

e. A disclaimer of sponsorship, affiliation, or endorsement by Apple, similar to the following, is

included on the publication and on all related printed materials: “(Title) is an independent (publication)
and has not been authorized, sponsored, or otherwise approved by Apple Inc.”
f. A trademark attribution notice is included in the credit section giving notice of Apple’s ownership of
its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”
4. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning
an Apple product or technology may use the appropriate Apple word mark, provided such use
complies with the guidelines set forth in Section 3 above.

5. Apple Web Badge Licensing Program: Web sites may use one of the Apple Web Badges if the site
uses or was created using Apple-branded hardware or software and you comply with the terms of the
Apple Web Badges License Agreement and Guidelines. For licensing information on the Apple Web
Badges Licensing Program refer to Apple’s web site at www.apple.com/about/webbadges.
Unauthorized Use of Apple Trademarks
1. Company, Product, or Service Name: You may not use or register, in whole or in part, Apple, iPod,
iTunes, Macintosh, iMac, or any other Apple trademark, including Apple-owned graphic symbols,
logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or
service name except as specifically noted in these guidelines.
2. Apple Logo and Apple-owned Graphic Symbols: You may not use the Apple Logo or any other
Apple-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging,
manuals, promotional/advertising materials, or for any other purpose except pursuant to an express
written trademark license from Apple, such as a reseller agreement.
3. Variations, Takeoffs or Abbreviations: You may not use an image of a real apple or other variation
of the Apple logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign
language equivalent, takeoff, or abbreviation of an Apple trademark for any purpose. For example:
Not acceptable:   Appletree      Jackintosh      Apple Cart      PodMart
4. Disparaging Manner: You may not use an Apple trademark or any other Apple-owned graphic
symbol, logo, or icon in a disparaging manner.
5. Endorsement or Sponsorship: You may not use Apple, Macintosh, iMac, or any other Apple
trademark, including Apple-owned graphic symbols/logos, or icons, in a manner that would imply

Apple’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as Tshirts and mugs, bearing Apple, Macintosh, iMac or any other Apple trademark, including symbols,
logos, or icons, except pursuant to an express written trademark license from Apple.

7. Apple’s Trade Dress: You may not imitate the distinctive Apple packaging, web site design, logos,
or typefaces.

8. Slogans and Taglines: You may not use or imitate an Apple slogan or tagline.
For example: “Think different.”
9. Domain Names: You may not use an identical or virtually identical Apple trademark as a second
level domain name.

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Not acceptable:    “imac.com”     “imacapple.com”     “imac-apple.com”     “podmart.com”
The Mac Trademark
1. You may not use the Mac trademark standing alone except to denote or refer to the Apple
Macintosh product line.
2. You may use “Mac” in your product name, company name, trade name, or service name provided
your name satisfies the following criteria:

a. Your product is not a computer, computer system, or operating system software.
b. Your product is Mac compatible or the third party business is associated with Mac based
computers.

c. “Mac” is used in combination with another non-generic word.
Acceptable:   MacVenus      MacCharlie
Not acceptable:   MacCharleston      MacSales
d. “Mac” does not appear more prominently than the rest of the name in size, color, or typeface.
e. Your name does not suggest a false association with Apple.
f. Your name is not confusingly similar to any trademark owned or used by Apple.
g. You acknowledge that Apple is the sole owner of the “Mac” trademark and that you will not interfere
with Apple’s use or registration of “Mac” alone or in combination with other words.
h. If you are an Apple Authorized Reseller or member of an Apple program, you may be subject to
additional restrictions.
Rules for Proper Use of Apple Trademarks
1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or
service.
2. As adjectives, trademarks may not be used in the plural or possessive form.
Correct: I bought two Macintosh computers.
Not Correct: I bought two Macintoshes.
3. An appropriate generic term must appear after the trademark the first time it appears in a printed
piece, and as often as is reasonable after that. Suggested generic terms are provided in the Apple
Trademark List which is posted on the Apple web site at:
www.apple.com/legal/trademark/appletmlist.html.
4. Always spell and capitalize Apple’s trademarks exactly as they are shown in the Apple Trademark
List. Do not shorten or abbreviate Apple product names. Do not make up names that contain Apple
trademarks.

Proper Trademark Notice and Attribution
1. Distribution Within the United States Only
a. On product, product documentation, or other product communications that will be distributed only

in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the Apple
trademark appears in the text of the advertisement, brochure, or other material.

b. Refer to the Apple Trademark List for the correct trademark symbol, spelling of the trademark, and

generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the
trademark (except the Apple Logo, where the logo appears at the right foot).

c. Include an attribution of Apple’s ownership of its trademarks within the credit notice section of your
product, product documentation, or other product communication.
Following are the correct formats:
_________ and _______ are registered trademarks of Apple Inc.

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_________ and _______ are trademarks of Apple Inc.
2. Distribution Outside the United States:
a. Do not use trademark symbols on products, product documentation, or other product
communications that will be distributed outside the United States.
b. Use one of the following international credit notices:
_________ is a trademark of Apple Inc., registered in the U.S. and other countries.
_________ is a trademark of Apple Inc.

Depictions of Apple Products
1. Endorsement or Sponsorship: Apple does not support the use of its logos, company names, product
names, or images of Apple products by other parties in marketing, promotional or advertising
materials as their use may create the perception that Apple endorses or sponsors the product, service
or promotion.
2. Compatibility: If you are a developer, you may show an image of an Apple product in your
promotional/advertising materials to depict that your product is compatible with, or otherwise works
with, the Apple product or technology, provided you comply with the following requirements:
a. Your product is in fact compatible with, or otherwise works with, the referenced Apple product.
b. The image is an actual photograph of the genuine Apple product and not an artist’s rendering
(Note: You must obtain express written permission from Apple before using any photograph owned or
licensed by Apple).
c. The Apple product is shown only in the best light, in a manner or context that reflects favorably on
the Apple products and on Apple Inc.

d. The reference to Apple does not create a sense of endorsement or sponsorship by, or other false
association with, Apple or Apple products.
For further information with respect to Apple’s copyrights, send an email to [e-mail] or
fax to Apple Rights & Permissions 408-253-0186.
Updated January 11, 2007 by the Apple Legal Team - [e-mail]

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