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Where do we stand legally with look-a-like iPods?


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ADC



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Of course there will be a reply I'm sure you would expect nothing less

Have a look at how many patents Apple have on the US patent website. They have 2504 current ones. And another 704 patent pending. I can't be arsed to look through them all, but surely they wouldn't bother applying for all those patents and forget to register one for something as basic as the Nano 2nd, 3rd & 4th gen design
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Old 09-12-2008, 07:56 PM



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uhafmail is spot on. Apple would have reported these MP4's selling on eBay a long time back and eBay would have started to take drastic actions against any seller that tries to sell them. Neither Apple or eBay have done anything about this. It is only illegal to sell these if you are selling them under the Apple brand. If you make a copy of the iPod and call it 'Nano Player' or anything like that, it is fine. There's no Apple logo on these products and there's definately no Apple software on them. You also must make sure you identify that you are not selling the iPod's but lookalikes. Im 100% sure somebody mentioned this before, just can't recall who and when.
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Old 09-12-2008, 08:11 PM



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Quote:
Originally Posted by AV-Trading View Post
uhafmail is spot on. Apple would have reported these MP4's selling on eBay a long time back and eBay would have started to take drastic actions against any seller that tries to sell them. Neither Apple or eBay have done anything about this. It is only illegal to sell these if you are selling them under the Apple brand. If you make a copy of the iPod and call it 'Nano Player' or anything like that, it is fine. There's no Apple logo on these products and there's definately no Apple software on them. You also must make sure you identify that you are not selling the iPod's but lookalikes. Im 100% sure somebody mentioned this before, just can't recall who and when.

If you use the word nano you are getting into very dodgy territory on the passing off side of things.

Personally I would steer well clear of the term.

ADC, although they have patent on design for the first gen Nano you have to look very carefully to see what it actually covers, Luxpro had almost an exact copy but the judge still deemed significant diffference to fall in luxpros favour.;
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Old 09-12-2008, 08:37 PM



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I sure would not use the word Nano on ebay.

But, it's true, the VERO folks would have those units gone if Apple had a leg to stand on.
.
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Old 09-12-2008, 08:51 PM



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Believe me ADC before getting into this field i made sure it was legal to do. By the way you realise there is a difference between patents and patent pending don't you? A patent takes on average 2 years to get. So if they ask for a patent when a player is released it is normally dropped by apple before the patent is granted. Apple will not apply for patents before the player is released because then information about their new player is leaked before the official release date.
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Old 09-12-2008, 10:06 PM



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TO the starter of this thread, why bother even starting this thread for (bored, were you)? If it is illegal (which there not, as i have seen these being sold on QVC on sky tv) what is it to you? Your not the one selling these so just let the people that are selling them get on with it!
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Old 09-12-2008, 10:40 PM

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Im sure the ipod click wheel is patented, thats why the unbranded mp3 players come with a different click wheel altogether.

Amazon allow these players to be sold on their site too and they are suppose to be more strict than ebay!

i think this thread is useless and the same question has already been asked before if you search forum. Nothing illegal about selling these. Even if there was I don't think Apple have time to sue, their ass is being sued all the time for infringing other people's IP.

http://arstechnica.com/news.ars/post/20070124-8692.html
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Old 09-12-2008, 11:39 PM

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I know what patent pending is. Just hoping you've checked the 2504 current ones

Large companies will normally apply for all sorts of patents. Most of them will never see the light of day. But they sometimes submit a few different designs to the patent office so rivals aren't aware which version they are going to produce.

For example Apple have already submitted 2 different designs for an Iphone Nano. One design allows you to use the scroll wheel to select the number a bit like an old style telephone. The other one has a touch sensitive keypad on the back. Who knows which one (if any) will be released. Or they may submit some more designs, but it keeps their competitors guessing.
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Old 10-12-2008, 12:11 AM



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Yes i have personally looked at all 2504 current patents Apple hold and none of our products infringe them... Unless you want to check through them yourself you will have to take my word for it
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Old 10-12-2008, 12:16 AM

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"What is the difference between this product and say a fake pair of Armani jeans?"

The fake Armani Jeans are made of shitty material with Armani Badge on it and after first wash they won't be worth wearing. The badge might disappear too.

This product has no Apple logo, the software, screen size, click wheel is different and it's not known as an Apple iPod.
#30  
Old 10-12-2008, 12:27 AM

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