Apple Files Lawsuit and Subsequent Dismissal Against WhiteiPhone4Now Kid
Posted May 26, 2011 at 2:58pm by iClarified
Apple has filed a lawsuit against Fei Lam, the teenager who started WhiteiPhone4Now, a site that sold white iPhone 4 conversion kits, reports MacRumors.
Interestingly, Apple filed a voluntary dismissal of the lawsuit at the same time suggesting that a settlement may have been reached; although, the request for dismissal without prejudice means that the company reserves the right to refile the lawsuit in the future.
Defendent Lam willfully and without authorization has used Apple's trademarks in connection with the sale of his "White iPhone 4 Conversion Kits," which among other things included white front and back panels with Apple's logo and "iPhone" trademarks that are used in connection with the promotion and sale of Apple's well known iPhone 4 handheld mobile digital electronic devices. Defendant at all times knew that Apple never has authorized the sale of white panels for its iPhone 4 mobile devices, and that he obtained these panels from sources that were not authorized by Apple or any of its suppliers to sell them.
In the suit Apple claims that Lam diluted their trademarks and compromised their relationships with customers by causing confusion about whether Apple had authorized sales of the components. Lam's parents are included in the suit for aiding and abetting him.
It's unclear what type of settlement may have been reached between Apple and the Lams.
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Interestingly, Apple filed a voluntary dismissal of the lawsuit at the same time suggesting that a settlement may have been reached; although, the request for dismissal without prejudice means that the company reserves the right to refile the lawsuit in the future.
Defendent Lam willfully and without authorization has used Apple's trademarks in connection with the sale of his "White iPhone 4 Conversion Kits," which among other things included white front and back panels with Apple's logo and "iPhone" trademarks that are used in connection with the promotion and sale of Apple's well known iPhone 4 handheld mobile digital electronic devices. Defendant at all times knew that Apple never has authorized the sale of white panels for its iPhone 4 mobile devices, and that he obtained these panels from sources that were not authorized by Apple or any of its suppliers to sell them.
In the suit Apple claims that Lam diluted their trademarks and compromised their relationships with customers by causing confusion about whether Apple had authorized sales of the components. Lam's parents are included in the suit for aiding and abetting him.
It's unclear what type of settlement may have been reached between Apple and the Lams.
Read More