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Apple could send out takedown/cease and desist to any and all sellers if they wanted, based on the reviews of counterfeit. They could also connect reviews of "c
by Steko 9y ago
Apple could send out takedown/cease and desist to any and all sellers if they wanted, based on the reviews of counterfeit. They could also connect reviews of "cheap" "counterfeit" goods to the one seller massively undercutting the rest which was also not an authorized seller of Apple products and since Apple is the manufacturer and distributor, they may have been able to eliminate other sellers. Which appears to be what they did. Was this overzealous or a dumb mistake? Maybe, maybe not - it's not clear that H2F wasn't selling counterfeit cases (""H2F also cannot support its conclusory assertion that the iPad cases it sold were genuine because it cannot say how or from whom it acquired them"). But it certainly wasn't a sham and that's the only bar Apple needs to clear for immunity under Noer-Pennington.
- ikeboy 9y ago>Apple could send out takedown/cease and desist to any and all sellers if they wanted, based on the reviews of counterfeit. That's not the issue here, it's that they sent it to Amazon making false allegations about H2F. Again, the fact that they don't have liability for their lie doesn't mean it wasn't a lie. I'd note that the standard for a motion to dismiss is to accept the pleaded claims as fact, so they should accept H2F's claim that their products were geniune. >one seller massively undercutting the rest As the complaint says, several other sellers were pricing low.