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DJI accuses Insta360 of 'blatantly' copying its Pocket 3 vlogging camera in new lawsuit, and demands ban on Insta360 Luna cameras | TechRadar

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DJI accuses Insta360 of 'blatantly' copying its Pocket 3 vlogging camera in new lawsuit, and demands ban on Insta360 Luna cameras | TechRadar
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DJI accuses Insta 360 of 'blatantly' copying its Pocket 3 vlogging camera in new lawsuit, and demands ban on Insta 360 Luna cameras | Tech Radar

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DJI accuses Insta 360 of 'blatantly' copying its Pocket 3 vlogging camera in new lawsuit, and demands ban on Insta 360 Luna cameras

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The DJI Pocket 3 (left) and one of the accused, the Insta 360 Luna Ultra, in black and white varieties (right) (Image credit: DJI / Insta 360)

Insta 360 launched the Luna Ultra 8K vlogging camera on June 11

DJI filed a lawsuit on the same day, claiming Luna had copied its DJI Pocket 3

Because of the ongoing DJI ban in the US, Insta 360 could enjoy unrivaled availability there

No sooner has Insta 360 unveiled its first vlogging cameras, the Luna Ultra and (upcoming) Luna Pro — which look set to enjoy unrivaled access to the US market because of the DJI ban — than DJI has filed an Insta 360 lawsuit in the US, claiming they "blatantly copy" its Pocket 3.

For years, DJI has enjoyed near total dominance in the compact vlogging camera market with its hugely popular Osmo Pocket series, but now it faces two very real challenges: access to the US market, and the first serious-rival product.

DJI's latest and best vlogging camera, the Pocket 4, was launched in April this year, but the polished Pocket 3 successor is yet to make it to the US, given that DJI is on the FCC's 'Covered list', which currently affects any DJI products with a camera, not just its drones. So it's unlikely to hit US stores any time soon.

Meanwhile, Insta 360 Luna cameras have made quite the impression. Despite being a first-generation product, the Luna Ultra is polished, and features a neat modular design that DJI Pocket cameras lack — check out my first impressions of the Luna Ultra, which I've been testing at length.

Now DJI is going straight for the jugular with its lawsuit, demanding that Luna cameras are banned. I've tested both cameras, and the user experience is very similar, but the crux of the situation is whether or not Luna cameras actually violate design and utility patents, as DJI claims in its lawsuit.

I tried the Insta 360 Luna — and it could tempt DJI Pocket fans to jump ship

Insta 360 Luna Ultra vs DJI Pocket 4: I've tested both, here are my first impressions

"Not competing on price" — Insta 360 Luna might outperform DJI instead

Here's the DJI camera in question, the Osmo Pocket 3. (Image credit: Tim Coleman)

I spoke with Insta 360 co-founder Max Richter at a pre-launch Luna event, and he told me the company was "not going to compete on price", but on premium and exclusive features. Specifically he was referring to the Luna's innovative removable remote, which features a 2-inch OLED screen, camera controls and built-in mic. Right now in the US, however, Insta 360 doesn't need to rival DJI at all, because it has a clear field in that market.

But Insta 360 now faces a potential headache in the form of DJI's lawsuit. Petapixel reports that DJI has filed two patent lawsuits against Arashi Vision Inc. — which does business as Insta 360 — covering two alleged violations of design patents and four utility patents.

The lawsuit claims that Luna cameras closely copy the design and features of the Osmo Pocket 3, claiming that “Insta 360’s new Luna line of gimbal cameras, including but not limited to the Luna Ultra, supporting accessories, and the Insta 360 mobile application (collectively, the “Accused Products”) blatantly copy DJI’s patented inventions wholesale.”

The suit adds: "From its silhouette to its feature set, the Accused Products mirror what DJI has spent the better part of a decade engineering and patenting for its innovative handheld gimbal camera systems.

"The visual similarity between the Accused Products and the DJI Osmo Pocket 3 design is striking. [As shown below,] the Accused Products share the same general proportions, the same gimbal-on-handle architecture, and the same component arrangement as DJI’s Osmo Pocket 3."

We're getting the DJI Pocket 4 on April 16, with Insta 360 waiting

DJI Pocket 4 vs DJI Pocket 3: 7 upgrades for DJI's latest vlogging camera

More Insta 360 Luna Ultra images leak — revealing a clever new feature

And here's one of the Luna Ultra. The Luna Pro is a single-lens alternative which has more in common with the Pocket 3 (Image credit: Future / Tim Coleman)

DJI was clearly ready with this lawsuit, given that it was filed on the day the Insta 360 Luna Ultra became officially available for purchase in leading US stores, including B&H Photo.

Many US-based vloggers will likely be watching the case with interest — they're already missing out on the excellent DJI Pocket 4, and they must be hoping that they won't also be denied the chance to buy Insta 360's Luna cameras.

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Tim joined the Tech Radar team as Cameras Editor in 2023 and has enjoyed more than 15 years as a tech journalist specializing in camera gear. He's previously worked at Amateur Photographer, for a photo accessory manufacturer and as a freelance photographer and video producer, with clients including Studio 44 and Canon. He also started a media team in Nairobi, Kenya, where he lived for a few years volunteering for a faith-based organisation. Tim is married, father of three children, and loves being active, primarily running since hanging up his football boots.

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