Hershey Throws First Punch In Milk Fight, Files Complaint Against iMilk Developer

In Monday’s WWDC 2010 keynote address, Steve Jobs stated that Apple passed 5 billion total apps downloaded, with over $1 billion paid out to developers. Repeat … ONE BILLION DOLLARS! That’s a shit load of bills and proof that developing iPhone apps can be a lucrative business.

But naturally, anytime there are serious bucks at stake … competition gets intense, lawyers get involved and lawsuits are filed. We’ve already seen a legal skirmish between the two original iPhone fart apps … dozens of memory games forced to change their name due to trademark infringement … and an indie developer sue Coors for $12.5 million!  

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The latest App Store battle involves Hottrix … the same indie developer who sued Coors … and this time they are tangling with another giant, Hershey (as in chocolate).

Hottrix’s claim to fame is that they developed the code to a virtual glass … apps which make your iPhone look like it’s a glass of beer (iBeer), soda (iSoda) or milk (iMilk) that empties as you tip it. Hottrix is a small but fierce company when it comes to protecting their intellectual property … as evident by Coors no longer offering their version of a virtual glass of beer, iPint.

In the same iBeer/iPint vain, Hottrix is attempting to protect their iMilk app from the competing Hershey’s Chocolate Milk application. Only this time, Hershey is the one filing the lawsuit, arguing that Hottrix cannot claim to own “the unprotectable idea of a virtual glass of milk. Hottrix has allegedly sent Hershey a notice of infringement in December 2009, claiming Hershey snaked the iMilk code and tweaked it for their own Hershey’s Chocolate Milk application. The notice of infringement also states that Hottrix demanded that Hershey cease marketing its Chocolate Milk app. So instead of waiting for a lawsuit from Hottrix, Hershey decided to throw the first punch by filing their complaint first.

[editor’s note – gotta love iMilk’s description promoting their “knock off” sale … LMAO]

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The complaint goes on to state that Hershey independently created all the code for its app and gives examples of how Hershey Chocolate Milk app is substantially different from iMilk. Blah, blah, blah …

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The chocolate giant might have met their match with those feisty bastards from Hottrix as we have a feeling the small indie will not back down and fight tooth and nail to defend their intellectual property.

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Now an interesting twist to this story is the fact that at one time Hershey contacted Hottrix to develop the code for Hershey’s application and sell it to them for distribution under the Hershey name. The arrangement never materialized … and now Hershey is suing Hottrix, go figure!  

The Hershey Co. v. Hottrix LLC is case number 1:10-cv-01178, in the U.S. District Court for the Middle District of Pennsylvania … and on that note, we are starting to become lactose intolerant.

 

June 10, 2010 | Filed Under Entertainment, News 

Comments

  • So the article is misleading, saying that Hershey's threw the first punch, when you contradict yourself saying that HOTTRIX was the one throwing the tantrum originally.

    Hershey's is merely trying to make sure that HOTTRIX won't be allowed to come after them anymore. Why is this such an “OMG HERSHEY'S IS ATTACKING US?!?” thing when HOTTRIX is the one who started the tantrum.

  • Thanks Steve! In our mind “first punch” means filing a legal
    motion … so a premptive strike. While Hottrix may have been the
    first to cry over spilled milk (so to speak ;)), they did not file an
    official legal motion with the courts. So guess we could say …
    Hottrix threatened to throw the first punch 🙂

  • Either way, it's really pretty crappy for HOTTRIX to throw a tantrum like this.
    Seems like Hershey's is merely trying to protect themselves from a crybaby developer.

    It's really quite sad that there's any problems at all going on between two useless apps.

  • Either way, it's really pretty crappy for HOTTRIX to throw a tantrum like this.
    Seems like Hershey's is merely trying to protect themselves from a crybaby developer.

    It's really quite sad that there's any problems at all going on between two useless apps.