Apple Says Skin Tones Used In Emojis Can't Be IP

Law360 (November 25, 2020, 5:21 PM EST) -- Apple Inc. is urging a Texas federal judge to kill a copyright infringement lawsuit over its emojis with diverse skin tones, contending the company suing it can't claim rights to "naturally occurring" human characteristics like skin color.

In its dismissal request filed Tuesday, Apple argued Cub Club Investment LLC can't claim a right to natural human gestures or characteristics — and that even if it could, the skin tones made by Cub Club are lighter than those made by Apple.

"Any similarities between the two emojis can be attributed to the fact that they are expressions of the same unprotectable idea:...

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