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  1. #1

    Default Selling Lookalike Products

    Quote Quoting NickDan
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    hi, i was wondering what are the restrictions when selling trademarked/copyright items 9such as ipod shuffle exact look alikes, plush toys that looks like Pokemon (pikachu) hello kitty usb drives ect - we are getting these items from china - and selling/shipping them out to customers in USA from California and new york

    i know sellers in ebay does this, and allot of websites does it as well - and you cant tell if they are licensed by nintendo it self

    our website is to sell the items. - thanks for reading and your eventual replies
    not sure about the other stuff but mp3/mp4 players that look like ipods are perfectly legal. I've seen them everywhere, including malls that give them away with a minimum purchase. I highly doubt anyone would sue you or even give a damn unless you're selling knockoff Gucci, louis vuitton, coach products.

  2. #2
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    Default Re: Importing and Selling Unlicensed Look-Alike Products

    Quote Quoting gts
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    not sure about the other stuff but mp3/mp4 players that look like ipods are perfectly legal. I've seen them everywhere, including malls that give them away with a minimum purchase. I highly doubt anyone would sue you or even give a damn unless you're selling knockoff Gucci, louis vuitton, coach products.
    I guess you haven't read much about Steve Jobs. He works hard to protect his company's IP rights.

    When you go against a company that has billions invested in their products; risks losing billions; and has billions of dollars in the bank at their disposal, pissing them off isn't a good idea.

    If any part of the design is patented or trademarked or copyrighted, copying those aspects is illegal. If you sell products that infringe on any such rights, you can be subject to exactly what Mr. Knowitall said.

    just because somebody is selling or giving away an illegal item, it doesn't mean it is legal. It simple means either the owner of the rights either doesn't care enough to do anything or they simply haven't discovered the infringement.

  3. #3

    Default Re: Importing and Selling Unlicensed Look-Alike Products

    Quote Quoting jk
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    I guess you haven't read much about Steve Jobs. He works hard to protect his company's IP rights.

    When you go against a company that has billions invested in their products; risks losing billions; and has billions of dollars in the bank at their disposal, pissing them off isn't a good idea.

    If any part of the design is patented or trademarked or copyrighted, copying those aspects is illegal. If you sell products that infringe on any such rights, you can be subject to exactly what Mr. Knowitall said.

    just because somebody is selling or giving away an illegal item, it doesn't mean it is legal. It simple means either the owner of the rights either doesn't care enough to do anything or they simply haven't discovered the infringement.
    The Ipod lookalikes outsell the real Ipods 10 to 1. Or at least there are 10 times as many Ipod clones being manufactured as there are real Ipods. It'd be hard to imagine Apple hasn't noticed something like that. To this day Apple hasn't done squat about it.

    You can see these Ipod clones being sold everywhere. Ain't nothing illegal about it.

    http://cgi.ebay.com/8GB-2-2-5th-Shak...item1c14e6523b

    http://www.amazon.com/Unirex-MP4-MP3.../ref=pd_cp_e_1

    http://cgi.ebay.com/8GB-2-2-5th-Shak...item1c14e66a6d

  4. #4
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    Default Re: Importing and Selling Unlicensed Look-Alike Products

    Quote Quoting gts
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    You can see these Ipod clones being sold everywhere. Ain't nothing illegal about it.
    them being sold everywhere doesn't make them legal but I specifically said that if they infringe on any of Apple's IP rights, Jobs is going to do something about it. I do not know and am not going to try to track down all of Apple's IP rights concerning Ipods so whether those you linked infringe or not, I do not know.

    The other thing you need to consider; even if there are no infringements, if Apple believes there is, they have a lot of money to sue. Do you have the finds to defend against even a suit that has no merit?

  5. #5

    Default Re: Importing and Selling Unlicensed Look-Alike Products

    Quote Quoting jk
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    them being sold everywhere doesn't make them legal but I specifically said that if they infringe on any of Apple's IP rights, Jobs is going to do something about it. I do not know and am not going to try to track down all of Apple's IP rights concerning Ipods so whether those you linked infringe or not, I do not know.

    The other thing you need to consider; even if there are no infringements, if Apple believes there is, they have a lot of money to sue. Do you have the finds to defend against even a suit that has no merit?
    You can say Apple has all the power and money but the Ipod cloning has been going on for years and Apple hasn't done squat about it. Apple comes out with a 2nd generation ipod nano, a week later there's a 2nd gen ipod nano clone, Apple comes out with 3rd gen nano a week later there's a 3rd gen nano clone, same thing with 4th, and 5th generation nanos. For the 5th generation Ipod nano, they even cloned the camera on the back. Apple may be able to go after the small time sellers on ebay(which they have never done), but they can't go after the manufacturers who are overseas. And there's hundreds of manufacturers making ipod clones vs only one making real ipods.

  6. #6
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    Default Re: Importing and Selling Unlicensed Look-Alike Products

    Quote Quoting gts
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    but they can't go after the manufacturers who are overseas. .
    Really? China is signatory to international law that allows an US company to seek redress for many IP infringements. China also belongs to WIPO. Additionally, when products from those companies are shipped into this country, their is the option of seizing the shipments.

    as I said before; I am not going to chase down IP rights Apple has in their products to try to determine if there are any IP infringements. Apple has the money and power to bring things to a halt should they desire and have the right.

    and again, if Apple sues you, you can best believe they have the money to simply force you into non-existence (business wise) if they want even if they do not have a valid suit.

  7. #7

    Default Re: Importing and Selling Unlicensed Look-Alike Products

    Quote Quoting jk
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    Really? China is signatory to international law that allows an US company to seek redress for many IP infringements. China also belongs to WIPO. Additionally, when products from those companies are shipped into this country, their is the option of seizing the shipments.

    as I said before; I am not going to chase down IP rights Apple has in their products to try to determine if there are any IP infringements. Apple has the money and power to bring things to a halt should they desire and have the right.

    and again, if Apple sues you, you can best believe they have the money to simply force you into non-existence (business wise) if they want even if they do not have a valid suit.
    It would depend on what country you are in. Many countries in the world don't enforce intellectual property rights, even Apple can't do anything in those countries. If there was a company in the US making Ipod clones Apple would go after them without hesitating. But in other countries Apple knows they can't do squat, so they don't even bother trying.

  8. #8
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    Default Re: Importing and Selling Unlicensed Look-Alike Products

    If people import and sell iPod clones, Apple will go after them. If you're selling something that looks similar, but doesn't violate trade dress, purport to be an Apple product, or violate Apple patents, you can sell your similar-looking goods in the U.S.

    In case you didn't know, the U.S. is not a country in which Apple doesn't "bother trying" to enforce its IP rights; for that matter, I note that you haven't named a single country that fits that description. The fact that Apple manufactures or sources product in most nations in which knock-off goods might be manufactured puts them in a very good position to secure government help with enforcement of their rights.

  9. #9
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    Default Re: Importing and Selling Unlicensed Look-Alike Products

    Quote Quoting gts
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    It would depend on what country you are in. Many countries in the world don't enforce intellectual property rights, even Apple can't do anything in those countries. If there was a company in the US making Ipod clones Apple would go after them without hesitating. But in other countries Apple knows they can't do squat, so they don't even bother trying.
    First, this thread started with the OP asking about goods from China. If you want to deal with another country, name it.

    Then, even if those companies are untouchable in their country, their products would still be illegal in this country and as such, Apple could pursue actions that would lead to the seizure of that company's products shipped to the US. Apple can also go after the resellers in this country. While it might be a continual process, if you injure the illegal sellers enough, they stop and word gets around that Apple doesn't just roll over and acquiesce to the infringements. That tends to cause other illegal resellers to think twice about selling illegal products.

  10. #10

    Default Re: Importing and Selling Unlicensed Look-Alike Products

    Quote Quoting jk
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    First, this thread started with the OP asking about goods from China. If you want to deal with another country, name it.

    Then, even if those companies are untouchable in their country, their products would still be illegal in this country and as such, Apple could pursue actions that would lead to the seizure of that company's products shipped to the US. Apple can also go after the resellers in this country. While it might be a continual process, if you injure the illegal sellers enough, they stop and word gets around that Apple doesn't just roll over and acquiesce to the infringements. That tends to cause other illegal resellers to think twice about selling illegal products.

    or maybe apple has so much money they're not really bothered by copycats and don't do anything about it.

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