The year starts off with a bang as legal issues are back in the headlines. When talking about legal issues, especially in the tech world, there are two companies that often come to mind, and that’s Apple and Samsung. Though they used to be great partners, things turned sour when Samsung decided to make devices that closely resemble Apple products for a competing Android OS. Let’s see what the new year brought these two electronic giants.
Just after the launch of the iPhone 4S, Samsung was quick to file a preliminary injunction against the said device to ban sales in France and Italy. But a recent report states that the Milan court rejected Samsung’s request to suspend the pending trial regarding the preliminary injunction against the iPhone 4S sale in Italy.
This is the third time a court denied Samsung’s request for a preliminary injunction against the iPhone 4S as courts in France and the Netherlands also denied Samsung’s request before 2011 ended.
But Samsung shouldn’t worry too much about this, as Apple also isn’t always successful with their legal feats.
“Apple’s own requests for preliminary injunctions have been slightly more successful so far, but only slightly so — and Apple may soon owe Samsung significant damages for improperly-granted preliminary injunctions in Germany, Australia and the Netherlands if the courts in those jurisdictions ultimately find that the relevant injunctions shouldn’t have been ordered in the first place,” notes patent expert Florian Mueller.
“Both Apple and Samsung were trying to rush things in order to score some quick wins of rulings with a profound disruptive impact on each other’s business. This didn’t work,” he added.
Earlier this week, it was reported that a 12” Steve Jobs action figure made by In Icons will be sold come February for around $100. The freakishly life-like action figure comes with a pair of black socks, some glasses, a leather belt, two apples (one with a bite taken out of it), a bar stool and a “One More Thing” backdrop. But the action figures may never make it to store shelves, as Apple is said to threatening the company with legal action, demanding they stop production.
The issue with the Jobs action figure is based on the fact that it resembles the real Jobs too much, a figure which Apple claims they own the rights to. Apple allegedly sent a letter to the Chinese company stating that any toy produced which resembles the technology company’s logo, person’s name, appearance or likeness of their products is consider a criminal offence.
So if you want to grab the Jobs action figure before they are banished by Apple, head to Ebay, they’re already selling the action figure for $135.
Steve Jobs Double take
This isn’t the first time Apple blocked the sale of a Jobs doll as they stopped MIC Gadget from offering an $89 Jobs toy last year.
Apple’s lawyers stated that, “Mr Jobs has not consented to the use of his name and/or image in the Product. Unauthorized use of a person’s name and/or likeness constitutes a violation of California Civil Code Section 3344, which prohibits the use of any person’s name, photograph or likeness in a product without that person’s prior consent.”
In other court news, Apple settled a long term legal battle with Elan Microelectronics Corp. earlier this week by paying $5 million for a cross-licensing agreement.