![]() ![]() Naturally, it is also seeking attorney fees and other typical costs. The company seeks a declaratory judgement that its use of "pull my finger" is lawful and does not infringe on any rights that Air-O-Matic might have. To conclude, InfoMedia says that its use of the phrase-despite its goodwill change of language in its press release-qualifies as fair use. AdvertisementĪcross eight pages that include descriptions of the origin of the "pull my finger" colloquialism, InfoMedia attempts to preempt an Air-O-Matic lawsuit by arguing that the phrase is common slang and not eligible for trademarking. Air-O-Matic complained early on and InfoMedia agreed to change the press release's language "as a matter of good will." After tiring of the threats, InfoMedia has filed a lawsuit (PDF) in federal court. InfoMedia used the phrase in promotional video titles and even its initial press release, though "pull my finger" linked to iFart Mobile. ![]() Air-O-Matic eventually demanded $50,000 after estimating its losses from InfoMedia's practices, then threatened to sue over InfoMedia's use of its silent-but-deadly ace in the hole: a trademark it filed for in December 2008 on the phrase " pull my finger" in relation to "computer application software for mobile phones." Although iFart Mobile enjoyed a massive sales surge of over 100,000 copies in its first 14 days, iFart Mobile still maintains the number 11 spot in the App Store's Entertainment category.Īir-O-Matic complained to Apple and InfoMedia that its competitor was using unfair business practices, such as spamming Twitter users, gaming Google, and tooting its own horn with overtly glowing reviews on the iTunes Store. At the center of this combustible situation? A trademark Air-O-Matic was awarded for the phrase "pull my finger."Īir-O-Matic's Pull My Finger and InfoMedia's iFart Mobile both quickly stank up the charts in Apple's App Store last December when the iPhone maker finally relented and opened up to such apps. Air-O-Matic, maker of "Pull My Finger," has complained to Apple, threatened to sue its competitor over "iFart Mobile," and demanded monetary compensation, so InfoMedia is responding via the courts. and InfoMedia, Inc., two of the hottest names in iPhone flatulence. Tensions have exploded between Air-O-Matic, Inc. Original source photo by Kriss Szkurlatowski reader comments 26 with ![]()
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