Several sources are reporting that a Chinese company called MIC Gadget has stopped selling their Steve Jobs action figure after receiving a nastygram from Apple's lawyers stating that it violated Apple trademarks and copyrights. See for example Mobiledia, MacLife, Mashable.

This image is from the MIC store.

I get that companies need to police their brands – but let's think about this for a minute.

Its not as if this in practice causes any harm to Apple or Steve Jobs or confusion about their brand. It doesn't put Steve or Apple in any bad light- in fact, it's a good likeness. And it sold quickly, so there is demand for it.

Steve and Apple are not desperate for any extra publicity, or any extra income. But instead of shutting them down – what if they struck a deal to pay a royalty on each one, and to sell them in Apple stores – and then Apple donate its income from this to charity?

If Apple wanted to tweak the design a bit – such as the improper way he holds the phone – or to do some diligence to make sure it doesn't have any problems such as lead paint, I'll bet MIC would have gladly co-operated.

David Canton is a business lawyer and trade-mark agent with Harrison Pensa LLP in London, Ontario. David's practice focuses on technology issues and technology companies. David is co-author of Legal Land Mines in E-Commerce published by McGraw-Hill, writes a weekly column on Today’s Business Law for the London Free Press and the Canoe.ca Technology news, and blogs at canton.elegal.ca. 
[click on the author's name for more information]

up

Comments are closed.

SlawTips      

SlawTips Good Communications = Satisfied Clients
Thursday, February 23

As Richard Ferguson, a lawyer friend of ours says on his email message: “People may forget what you said…. People may forget what you did…. but people will never forget … »»

Practice

SlawTips Current Awareness
Wednesday, February 22

There are two possible approaches to personal current awareness: Develop excellent searching skills so that you can find what you need when you need it Pick a fairly narrow specialty … »»

Research

SlawTips Top 10 Financial Errors: #10 Rely on the Lottery for Your Partnership Retirement Plan
Thursday, February 16

“It is better to have a permanent income than to be fascinating” was said once by Oscar Wilde. The final tip in this series is the capstone issue in our … »»

Practice

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Limitation of Actions - Actions in contract - Actions for debt - General

    Moody died on December 3, 2005, leaving four adult children. Pursuant to Moody’s will two of her children, James and Tyrell, were appointed executors of the estate. It was alleged that, during her ...

  • Barristers and Solicitors - Discipline - Suspension - For professional misconduct

    McLean pled guilty five counts of conduct unbecoming a lawyer. The Discipline Committee suspended him from practice for four months and placed him on indefinite supervision. McLean appealed the length of the penalty.

    The Saskatchewan ...

  • Mines and Minerals - Operation of mines, quarries and wells - Licences and permits - Appeals or judicial review - Standing - Costs

    Grizzly Resources Ltd. (Grizzly). made an applications to the Energy Resources Conservation Board to drill two sour gas wells on the same site. ...

  • Narcotic Control - Offences - Trafficking - Elements of

    The accused was charged with trafficking in cocaine. The trial judge granted the accused’s motion to discharge the charge. The Crown appealed.

    The Saskatchewan Court of Appeal allowed the appeal and ordered a new trial.

    Link ...


TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.

Switch to our mobile site