Apple has worked really hard to finally bring the white iPhone to the market. It took the company so much time to do so that some folks started selling kits that allowed iPhone owners to turn their black iPhones into white ones. Large companies do not take kindly to those who infringe upon their trademarks. So we did expect Apple to go after the teenage boy who started a business out of selling white iPhone kits.
Apple’s complaint is against Fei Lik “Phillip” Lam and his parents, Yuk Lam and Dunwah Lam. Whiteiphone4now.com did manage to embarrass Apple but it has been down for months. As it turned out, Apple finally did release white iPhone. The site was not going to stay in business anyway.
Defendant 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.
According to the settlement with Apple, Lam won’t be able to engage in such activities in the future. Apple also asked for the forfeiture of all profits from this operation and reimbursement for legal costs as a part of this lawsuit. At this point, the exact details of the settlement are not known.
Going after a teenager is always a tricky situation. Fortunately, Apple has requested for dismissal already. This was always a very risky business though. Large companies such as Apple have every right to be protective of their products. This could have turned out uglier.[via Apple Insider, MacRumors]
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