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I got these from the Apple Story:

fakebuds.jpeg
 
Not a Harmless Play on Words

I'm agnostic on the appropriateness of Apple's vigorous response to the Apple Story but wish only to point out that, while a delightful spoof to my anglophone eyes and ears, Apple Story will almost definitely be read as identical to Apple Store by the Chinese-speaking public who constitute the bulk of its targeted customers. Interestingly if counterintuitively, this is largely true of customers with excellent knowledge of English.

The outside market adjacent to one of China's key universities (whose students' scores on the English SAT would make you blush or salivate) sells—or did several years ago when I was a visiting professor—a variety of Coca-Cola knockoffs. All of the containers marked Coca-Cola seemed to be authentic, though their route to Shanghai (bottled in Canada!) raised eyebrows, but change the spelling by a letter or two and use Coca Cola-oid logos and typography and there was an ever-changing parade of more or less authentic-looking knockoffs. These tasted from odd to frankly disgusting but were a bit less expensive. My students bought the two interchangeably. They knew the difference, of course, but that difference was irrelevant: the point was to gift or consume a Western beverage. To most, each tasted equally bad. No one was fooled. That's not the point.


Now I readily concede that China Town, Flushing (where I was also privileged to teach—Flushing, not China Town) is not Shanghai. But the dynamic is much the same. Apple had to pull the plug, and I very much doubt that the removal of the store's name will placate them. Nor should it. It's the look-and-feel, the Apple-ness that's being appropriated, resold, and consumed.

I love China and its culture; it is my second spiritual home. But cultures differ. What's a pithy play on words in one is, in this case, theft of intellectual property in another.
 
I guess they never consulted a lawyer when opening a store called Apple Story

wtf.

I've done business all over the world and these operations are what we call commie capitalism. China and eastern European mentality. Get rich quick, run with the cash and evade any taxes. These businesses were not setup with long term operations in mind. I wouldn't doubt that a lot of the people named in the lawsuit "disappear" by choice before their day in court.
 
That has to be balanced against the public's perception of your company. You may be totally in the right in the eyes of the law, but when average Joe perceive you as a big, cold, mean giant out to make life hell for the little guys, you lose the intangible: likability.

One incident like this should not change things much, but add to Apple's seemingly petty lawsuits against other phone makers, negative publicity starts to add up.

Petty lawsuits? How old are you? Business is war and if you copy my ideas, I'll fight back any way I can, especially if I am on the right side of the law. Invent something yourself.

Average Joe is not going to see Apple as big, cold, and mean if they switched from Windows and Dell ( or any other cheap PC maker ) to a Mac. After watching 1000s of PC users switch to Macs, I've seen 1000s of people despise Microsoft and Dell, HP, and other hardware makers, for making the users lives hell for so many years.

You just joined this site in June. Listen and learn ;)
 
Do they sound awful? :D

Oooh... yes. Much worst then the free apple ear buds. The more I increase the volume, the more I ear the parasitic noise. They could be dangerous for your ears if your ears are wet after a shower. But hey! They cost 5 bucks :)

They only have them in yellow Pikachu.
 
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Did you know that Aspirin was once a trademark owned by Bayer for acetylsalicylic acid? They lost the trademark in court because they didn't stop other companies from using the term. Now everybody who wants to sell acetylsalicylic acid can call it Aspirin.

Did you know that Coke routinely enforces its trademark by sending people to restaurants and ordering Coke? If they are served Pepsi, RC, or something besides Coke, they receive a "friendly" cease and desist letter from Coke's legal department.

Businesses have to protect their trademarks.

I was under the impression that Bayer lost their trademark to "Aspirin" (and "Heroin") after WWI with the Treaty of Versailles.
 
 <--- Hey look, trademark infringement! :eek:

I usually Agree with Apple on their decisions, but I do not agree with them trying to shut down small businesses who are trying to make a living selling Apple accessories by using the Apple name or logo to push their products in an acceptable manner.

Reason being, if a business is selling cases, bags, and accessories FOR Apple products- then the Apple logo is descriptive of what they're selling, but as a victim of Apple counterfeiting I can say that I do not appreciate gypsy merchants who knowingly tries to pass generic knock-offs as genuine Apple products by using the badge "Designed by Apple"- that is deceptive marketing.

Still, the question is, is Apple Story at fault? Maybe they bought a case of what they believed to be genuine products- that's makes them the victim. This much has yet to be determined and we still live in America where you are innocent until proven guilty.

If the even where Apple Story knowingly sold fake cases, I think the punishment should be a fine and be barred from selling items that says "Designed by Apple" and anything in the store with an Apple logo should clearly be branded with a large bright tag that reads: "GENERIC". (Much like that shampoo that's "comparable" to Paul Mitchell.)

That said, I think Apple really needs to look to the Chinese manufacturers of the items in question and where the US import/export laws failed to protect them with these counterfeiting issues. If there are no trade laws that prevent either manufacturing counterfeit items or distribution of from China to the US- then there is problem with the system, but going after small business owners is just lame and pathetic no matter how you look at it. You don't see Versace suing all the merchants at the flea market.

In a nutshell: Apple has a huge presence in China. I don't know why they can't shut down the real counterfeiters instead of attacking American small businesses. Amen.
 
If you own trademarks and don't enforce them, you could, in a court of law, lose the mark. That's part and parcel to trademark protection and enforcement.
If that's true, Apple kinda screwed themselves by making their logo into a font that a 4 year old can use. .
Who in thier right mind buys anything from a store called "Apple Story" and honestly believes they bought the real deal?
I thought about that question for a second and came to a realization that many of Apple customers aren't in their right mind. And THESE GUYS are perfect Apple Story candidates, roflmao :p

THIS IS THE BEST ONE!
http://www.ibtimes.com/articles/198...inese-22-smart-store-iphone-5-september-7.htm
we struck up some conversation with these salespeople who, hand to God, all genuinely think they work for Apple"
 
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trying to make a living selling Apple accessories by using the Apple name or logo to push their products in an acceptable manner.

They're already not operating in an acceptable manner, by even opening the store in the first place; that horse has already bolted. They have questionable morals by opening an unauthorised store masquerading as a real one. The products inside the store may not be fake, but the store, as a product in and of itself, is counterfeit.

How about I set up my own McDonalds. I'll sell Big Macs and shakes and fries. They'll look the same. Do I wash my hands? Maybe, maybe not. Who will make me? I don't answer to McDonalds, so I can run my business however I like, regardless of what McDonalds' corporate policies are. But the products look the same. And because I'm a poor, innocent little "small businesses [..] trying to make a living selling [McDonalds products]", that's okay apparently. Because the products look the same, maybe even stolen off a real McDonalds truck.
 
They're already not operating in an acceptable manner, by even opening the store in the first place; that horse has already bolted. They have questionable morals by opening an unauthorised store masquerading as a real one. The products inside the store may not be fake, but the store, as a product in and of itself, is counterfeit.

How about I set up my own McDonalds. I'll sell Big Macs and shakes and fries. They'll look the same. Do I wash my hands? Maybe, maybe not. Who will make me? I don't answer to McDonalds, so I can run my business however I like, regardless of what McDonalds' corporate policies are. But the products look the same. And because I'm a poor, innocent little "small businesses [..] trying to make a living selling [McDonalds products]", that's okay apparently. Because the products look the same, maybe even stolen off a real McDonalds truck.

That's a pretty bad example, but I see what you're saying.

After looking a little further into the Apple Story case and seeing some photos of their products- it appears they were conscious of their deception, but I don't think the punishment fits the crime- I think they should be barred from selling products those products with the badge "Designed by Apple", change their name, and pay a fine.

Again, I think the manufacturers of said products are the real infringers. I have seen these factories and they employ hundreds of people and distribute millions of fake products a month. How much damage could a little 2-man shop in a mall realistically do to the Apple brand? Not very much.
 
Where do you think the man in the mall gets his stuff? China has no respect for anything. If there is a demand for it, they replicate it (stealing the originators idea) and sell fakes. For example $2000 Louie Vuitton hand bags....unfortunately for them theirs are only worth $100 haha.....and now its moved onto Apple computers. If only they were smart enough to come up with ORIGINAL ideas and not feed off of others.....I doubt that will happen though.
 
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Counterfeit Apple Store Name

If there was a store selling fake apple products name Fapple, wouldn't you take a look inside?
 
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