Apple Files Lawsuit Against Teenager Who Sold White iPhone 4 Conversion Kits, Settlement Reached?

whiteiphone4now
Last November, we highlighted the story of New York City teenager Fei Lam, who had managed to sell $130,000 worth of white iPhone 4 parts in just a few months to customers eager to get their hands on a white iPhone 4 has Apple continued to delay the release of the official model. Lam claimed that he had developed a secondhand relationship with someone at Apple's manufacturing partner Foxconn who had been supplying him with parts. At the time, the report noted that Lam had been contacted by a purported private investigator who claimed that Lam was trafficking in stolen goods, and Lam's site disappeared soon after.

lam white iphone lawsuit
Apple yesterday finally filed a lawsuit against Lam and his parents, claiming infringement and dilution of its trademarks and engaging in deceptive practices through his conversion kit sales through his website at whiteiphone4now.com. Apple did, however, also file a voluntary dismissal of the lawsuit at the same time, suggesting that a settlement has may have been reached, although Apple's request for dismissal without prejudice means that the company reserves the right to refile the claim at some point 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.

Lam's parents were included in the suit under claims that they aided and abetted him by allowing him to engage in the activity while he was a minor under their supervision. Apple claims that Lam's actions dilutes Apple's trademarks and compromises its relationships with customers by causing confusion about whether Apple had authorized sales of white iPhones.

Apple's filing includes quotes from instant messaging exchanges between Lam and Alan Yang, a business owner in Shenzhen, China who was obtaining the parts for Lam, quotes that make clear that Yang was occasionally having difficulties getting parts shipped out as customs agents in Hong Kong were giving in troubles over the trademark issues.

Apple requested a permanent injunction barring the Lams from any further sales, forfeiture of all profits from the sale of white iPhone 4 parts, reimbursement for expenses occurred in pursuing the case, and additional financial penalties. With the request for dismissal, however, it is unclear what Apple may have obtained from the Lams in a potential settlement.

Top Rated Comments

gnasher729 Avatar
129 months ago
I don't think Apple cares how much money they got (unlikely that it covered even their lawyers' expenses), but the result is that nobody will do it again.

Way to go Apple! Crush a teenager in your path!
Please explain what you mean by that. So a teenager manages to get into contact with criminals in China who are selling stolen pre-release parts for the iPhone, imports them into the USA, starts a website, starts a flourishing trade which damages Apple's reputation, so what is Apple supposed to do in your opinion?
Score: 50 Votes (Like | Disagree)
eawmp1 Avatar
129 months ago
He's only a teenager, Apple are just throwing their weight around. :(:apple::(

For all those complaining like this remember:

1) He reportedly illegally got stolen parts from Foxconn
2) His parts had the Apple logo and this is a trademark violation

He wants to engineer legitimate replacement parts without trademark logos, he might have a respectable business.
Score: 40 Votes (Like | Disagree)
Cheffy Dave Avatar
129 months ago
He's only a teenager, Apple are just throwing their weight around. :(:apple::(

NO excuse, do the crime , do the time, a crime is a crime at any age, ever hear of consequences for your actions:rolleyes:
Score: 29 Votes (Like | Disagree)
MacMan86 Avatar
129 months ago
I'm sure there are going to be people on here who will say "leave him alone, he's just a kid" but he must have known what he was doing was going to land him in trouble. He was fitting stolen parts on phones after all. It's certainly 'enterprising', I'll give him that.
Score: 27 Votes (Like | Disagree)
SongEmu Avatar
129 months ago
Kinda saw it coming.

Come on, guys. He was selling probably illegitimately obtained parts. It was bound to happen. Look at Psystar. This was a legally STUPID move on the kid's part to not expect some kind of lawsuit.

Also, how the f* does a teenage kid weasel his way into Apple's supply chain?
Score: 24 Votes (Like | Disagree)
Crzyrio Avatar
129 months ago
He's only a teenager, Apple are just throwing their weight around. :(:apple::(

So if a teenager goes and kills someone you'd say the same thing?

The punishment may be a little harsh and a large sum of money but he should have thought of that before doing what he did.
Score: 23 Votes (Like | Disagree)

Top Stories

samsung experience 1

Samsung's 'iTest' Lets You Try a Galaxy Device on Your iPhone

Thursday April 8, 2021 12:42 pm PDT by
Samsung has launched "iTest," an interactive website experience that's designed to allow iPhone users to test out Android on a Galaxy device, or "sample the other side," as Samsung puts it. Subscribe to the MacRumors YouTube channel for more videos. The iTest website is being advertised in New Zealand, according to a MacRumors reader who came across the feature. Visiting the iTest website on...
sonny 2021 ipad mini pro dummies

Leaked Dummy Units Show iPad Mini 6 With Thick Bezels and Home Button, New iPad Pro Models

Thursday April 8, 2021 2:11 am PDT by
Rumors suggest Apple will release refreshed versions of the iPad mini and iPad Pro models in the first half of this year, potentially as soon as this month, and a new leak today has provided us with a possible preview of what to expect in terms of the devices' overall design and camera prospects. Tech leaker and Apple blogger Sonny Dickson this morning shared images on Twitter showing dummy ...
iMessage Android featured

Apple's Rationale for Not Bringing iMessage to Android Revealed in Legal Documents

Friday April 9, 2021 2:22 am PDT by
It's no secret that Apple sees iMessage as a big enough selling point to keep the service exclusive to Apple devices, however new court filings submitted by Epic Games in its ongoing lawsuit with the company reveal just how Apple executives have rationalized their decision not to develop a version of iMessage for Android. Apple clearly recognizes the power that iMessage has to keep users...
fake airpods 3

Counterfeit 'AirPods 3' Hit the Market Prior to Official Announcement

Friday April 9, 2021 2:45 am PDT by
Apple is expected to launch the third iteration of AirPods in the third quarter of this year. Rumors and reports suggest the new AirPods will feature an updated design more in line with the AirPods Pro, but lacking in "Pro" features such as active noise cancellation. Despite AirPods 3 not yet being officially announced by Apple, counterfeit products of the unreleased earbuds have already hit ...
nba tracking prompt orange

Two-Thirds of iPhone Users Expected to Block Ad Tracking

Friday April 9, 2021 7:19 am PDT by
As many as 68 percent of iPhone users are expected to deny advertisers permission to track them thanks to Apple's App Tracking Transparency feature, in what is beginning to look like a significant blow to the advertising industry (via AdWeek). With the launch of iOS 14.5, apps will have to receive explicit user permission before accessing an iPhone's advertising identifier or IDFA, which is...
iPhone 13 Battery Life Feature

DigiTimes: iPhone 13 Pro Models to Feature 120Hz ProMotion Refresh Rate and 15-20% Less Power Consumption

Friday April 9, 2021 12:52 am PDT by
The two premium "Pro" models of the upcoming iPhone 13 lineup will be equipped with a low-power LTPO display, enabling the iPhones to have a 120Hz refresh rate, according to industry sources cited by Taiwanese publication DigiTimes. According to today's paywalled report, Apple suppliers Samsung and LG Display are in the process of converting parts of their production capacity to produce LTPO ...
ipad pro and macbook pro

iPad and MacBook Production Reportedly Delayed Due to Global Chip Shortage

Thursday April 8, 2021 2:31 am PDT by
Apple is facing a global shortage of certain components for some of its MacBook and iPad models, causing the Cupertino tech giant and its suppliers to postpone production of the products, according to a new report from Nikkei Asia. According to the report, MacBook production is being hindered due to the shortage of chips mounted onto the circuit board before final assembly, which is a key...
ehric

iPhone 12 Mini Missing From Top 5 Best Selling Smartphone List of January 2021

Friday April 9, 2021 4:58 am PDT by
According to market data compiled by Counterpoint Research, Apple's smallest iPhone since the 2016 iPhone SE, the iPhone 12 mini, struggled to obtain a spot in the top five list of best-selling smartphones in January of this year. According to the market data, the iPhone 12 mini came in eighth place for the best-selling smartphone worldwide in the first month of the year. However, the iPhone ...
tmobile 5g modem

T-Mobile Launches Unlimited 5G Home Internet for $60/Month

Wednesday April 7, 2021 2:18 pm PDT by
T-Mobile today hosted an Un-carrier event where the company announced the launch of a a new 5G home internet plan, which is priced at $60 per month and offers unlimited data. The service is available to more than 30 million Americans across much of the United States, including 10 million households in rural areas not typically able to access reliable broadband. Connectivity will be either 4G ...
apple find my network

Apple Announces Find My Network With Support for Third-Party Devices

Wednesday April 7, 2021 10:06 am PDT by
Apple today announced the launch of its Find My network accessory program, which is designed to allow third-party Bluetooth devices to be tracked in the Find My app right alongside your Apple devices. According to Apple, the first accessory companies to take advantage of the new Find My integration include Belkin, Chipolo, and VanMoof, with devices set to be available beginning next week. ...