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He sold a product with the trademarked Apple logo on it without authorization from Apple, and they're protecting their trademark. How is this a story? Is ther
by eck 15y ago
He sold a product with the trademarked Apple logo on it without authorization from Apple, and they're protecting their trademark. How is this a story?
Is there a trademark exception for being a kid? No.
Is there a trademark exception for "same shape as different colored component of product"? No.
Now, had he sold a white case without the logo, that would be a totally different story...
- tsuraan 15y agoHe stopped when they told him to. He complied with their requests, and now they're suing him and his parents. They aren't just protecting their trademark at this point, they're going for blood.
- eck 15y agoIf it were acceptable to infringe a trademark for a few months and make $130k, and the only consequence was being forced to stop, a lot of people would think (correctly) that doing so is a profitable activity. Apple is demonstrating that it is not.
- bproper 15y agoHe never claimed to be an official Apple retailer or to be endorsed by the company, which is the protection afforded by a trademark.
- extension 15y agoThe goods were allegedly Apple branded without authorization, hence counterfeit.
- corin_ 15y agoI've no idea about the exact legal situation, and I would assume that what he did was technically illegal (and would have before I heard of this story). That said, I'm not sure his products can be described as "counterfeit", because at no point did he claim they were official Apple products or mislead customers in any way. Absolutely everyone who bought a case off him will have known that it was a non-Apple product designed to enhance the aesthetics of an Apple product. (Again, without knowing about the laws, perhaps legally this is classed as "counterfeit" anyway, but not, in opinion, outside of a legal situation.)
- extension 15y agoHaving the Apple trademark on them is what makes them counterfeit. He probably would have gotten away with it if he had changed the labels, but I doubt that was technically feasible anyway.
- corin_ 15y agoThere is a legal case involving a major tech company, that makes it news by definition. It doesn't have to be a case of Apple being morally wrong in order for it to be news. On the other hand, you could argue it's not interesting enough to be worth writing - but the reason it's of interest is because this kid was of interest when he found a clever way to make money in the tech area, plus any story involving a company such as Apple and a legal case is sexy, partly because it offers an insight into how they might approach other legal issues in the future.