Isn't it illegal to sell fake iPods in the U.S.?
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Topic: Isn't it illegal to sell fake iPods in the U.S.?
09-24-2006, 11:57 PM
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#1
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Freshman Lounger
Join Date: Jul 2006
Posts: 11
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I see a lot of fake iPod's being sold on the internet...isn't it illegal to sell fake iPods? Or is it legal for companies outside the U.S. and illegal in the U.S.?
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09-25-2006, 12:38 AM
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#2
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Pro Lounger
Join Date: Mar 2004
Location: Melmac
Posts: 593
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No, this is called counterfeiting. It is illegal. If somebody sells a music device that is not made by Apple and calls it an iPod, it is illegal. It doesn't matter if the device even looks like an iPod or not...if it is called an "iPod" it is illegal. The iPod name is trademarked by Apple so any non-Apple product that is sold using that name is infringing on Apple's trademark. It's kind of like people selling fake Rolexes...if they use the Rolex name it is illegal, however, if it is a similar name like Rolox, it's technically legal since it is not being called a Rolex. I would imagine the same rule applies to iPods. If it is called something else, it's probably legal, however, I'm not sure if Apple's legal dept can still go after people manufacturing iPod clones or not since I'm sure they'd be infringing on some patented design element.
BTW, counterfeiting, or piracy, is more widespread in Taiwan and other countries overseas where copyright/trademark infringement is not well enforced. However, it is much more likely if you sell fake iPods in the U.S. that you will not get away with it.
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09-25-2006, 12:50 AM
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#3
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Message me for Audiobook
Join Date: Jun 2006
Posts: 1,146
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How fake are they? Do they just look alittle like an ipod or do they have ipod written on them?
If they have ipod on them its illegal - pretty much in any country. |
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09-25-2006, 07:19 AM
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#4
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Freshman Lounger
Join Date: Jul 2006
Posts: 11
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What if it looks like an iPod, but doesn't say "iPod" on it?
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09-25-2006, 09:37 AM
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#5
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Pro Lounger
Join Date: Jun 2005
Posts: 887
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then that's technically not illegal. Knockoffs are okay, so long as they don't actually have branding indicating they're a real device.
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09-25-2006, 09:42 AM
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#6
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 Join Date: Nov 2004
Location: Toronto, Canada
Posts: 13,107
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If it doesn't actually say iPod on the device, or anywhere on the packaging or documentation, then it's not technically illegal unless Apple or somebody else can prove a deliberation intention to deceive/defraud consumers (in which case it would be something like fraud or misleading consumers, rather than trademark violation).
Copyrighting a "look and feel" has proven to be very difficult over the years, as evidenced by the old case in the early nineties when Apple and Microsoft battled it out over the windows interface. Had Apple been able to secure a copyright on the "look and feel" of Mac OS, I'm not sure what Microsoft Windows would look like today...  (In reality, Apple has licensed much of it's design to Microsoft for Windows 1.0, so that case was more about contractual law, but there were several elements that were struck down as not being "copyrightable" since they were common concepts that couldn't be claimed as "original").
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09-25-2006, 10:26 AM
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#7
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Veteran Lounger
Join Date: Mar 2005
Location: Shangri-La
Posts: 3,406
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Quote:
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iPod 4G 20GB/iPod nano 1G 2GB/iPod touch 16GB/Lenovo F20 Cokebook/Shure SE110 |
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09-25-2006, 12:48 PM
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#8
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Reclined Lounger
Join Date: May 2006
Location: UK
Posts: 382
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Quote:
I think this is what is being talked about: 'iPod Shuffle' http://cgi.ebay.co.uk/1-gb-mp3-playe...ayphotohosting 'iPod Nano' http://cgi.ebay.co.uk/New-MP3-MP4-1G...QQcmdZViewItem
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09-25-2006, 03:25 PM
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#9
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Pro Lounger
Join Date: Jun 2005
Posts: 887
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Well, it says the brand is "OEM" and nowhere is it marked "iPod" or anything similar, so I would say that the product is in fact perfectly legal.
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09-25-2006, 04:21 PM
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#10
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Reclined Lounger
Join Date: May 2006
Location: UK
Posts: 382
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Quote:
__________________
Laptop1.6GHz core duo/2GB DDR2 RAM/224MBGFX/100GBHDD Next PC *hopefully* an iMac or Macbook ! ------------------------------------------------------------------------ iPod 5G latest 30GB White | iPod 2G 1GB Shuffle Silver iTunes Music Library: 4525 Songs 12.2 Days 30.05Gb |
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09-25-2006, 04:53 PM
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#11
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Freshman Lounger
Join Date: Jul 2006
Posts: 11
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Quote:
Yes, that is a good example of what I was talking about. Thanks for the responses everyone. What jhollington said makes a lot of sense and answers my question. |
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10-14-2006, 11:23 AM
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#12
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Poolside Lounger
Join Date: Aug 2006
Location: Chill Town
Posts: 628
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Check out this fake iPod in Istanbul, it has the word iPod in HUGE lettering on the front:
http://www.theinquirer.net/default.aspx?article=28082 Or did somebody photoshop this? It kind of looks like it is. Never know though.
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10-15-2006, 12:29 AM
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#13
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Veteran Lounger
Join Date: Jan 2006
Posts: 3,316
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Problem with the knock offs is a lot of them are being advertised at larger capacities than they really are..and some don't work at all.
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10-15-2006, 01:28 AM
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#14
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Veteran Lounger
Join Date: Mar 2005
Location: Shangri-La
Posts: 3,406
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I find it kinda ironic how these "fake" iPods are only Windows compatible.
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HP USB Disk Format Tool || Transfer from iPod to HD ||Blog||
iPod 4G 20GB/iPod nano 1G 2GB/iPod touch 16GB/Lenovo F20 Cokebook/Shure SE110 |
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10-16-2006, 05:04 PM
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#15
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Insanely Sarcastic
Join Date: Jul 2005
Location: Silicon Valley
Posts: 6,997
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Fake Pods would be great gag gifts! Wanna see my $20 Rolex?
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Topic: Isn't it illegal to sell fake iPods in the U.S.?
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Isn't it illegal to sell fake iPods in the U.S.?
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