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Apple Targets New York City Stores Selling Counterfeit Apple Products

Friday August 19, 2011 9:01 am PDT by Eric Slivka

"Apple Story" in Flushing, Queens (Source: Greg Autry via BirdAbroad)

Reuters reports on a lawsuit filed by Apple against a pair of stores in New York City for their sale of unauthorized counterfeit Apple products. The trademark infringement suit was filed last month but has remained sealed until now in order to facilitate seizure of the counterfeit items from the two stores in the Chinatown section of Flushing in Queens.
According to a court filing from Apple, the company sent representatives to Apple Story and Fun Zone in Flushing on "multiple occasions over several weeks," where they bought an assortment of iPod, iPhone and iPad cases, as well as stereo headsets designed for use with iPhones.

All of the purchased goods carried an Apple trademark, according to the amended complaint. They were also marked with the phrase "Designed by Apple in California. Assembled in China," and included markings similar to those found on genuine Apple goods.

The headsets came with packaging that was "nearly an exact duplicate" of that for genuine Apple goods, the lawsuit said.
Apple was granted a warrant to seize the counterfeit products on July 27th, and the courts have granted a preliminary injunction barring the two stores from selling the knockoff products. Apple has also requested that one of the stores, Apple Story, change its name in order to prevent confusion with Apple's own stores and branding, but the court has yet to rule on that issue. A settlement between Apple and the stores' owners is said to be under negotiation.

Apple's case appears to extend beyond the two stores, however, as the lawsuit seeks to include people and businesses engaged in the production, sale, and distribution of the products, although those defendants have yet to be identified.

[ 117 comments ]


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KSpider
101 months ago

I could understand if it were fake apple devices being sold, but just accessories doesn't seem like a big deal. Why is apple wasting it's time doing pointless stuff like this?




Protecting your brand is important regardless of product value.
Rating: 25 Votes
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Intarweb
101 months ago

No offense... anyone wanna tell me how they're counterfeit?
They're just cases... (from what I see)
Unless they have "apple logos"


Reading is fundamental.

They were also marked with the phrase "Designed by Apple in California. Assembled in China," and included markings similar to those found on genuine Apple goods.

Rating: 25 Votes
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bobobenobi
101 months ago

No offense... anyone wanna tell me how they're counterfeit?


You didn't read the article, so why bother writing a reply that you won't read?
Rating: 18 Votes
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mwayne85
101 months ago
Apple Story. Sequel to Maple Story.
Rating: 10 Votes
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Tonewheel
101 months ago

I could understand if it were fake apple devices being sold, but just accessories doesn't seem like a big deal. Why is apple wasting it's time doing pointless stuff like this?


Pointless stuff? Your post is pointless stuff. (OK mods, send me a stern warning email.)

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.
Rating: 9 Votes
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Tonewheel
101 months ago

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.


A patent/trademark attorney, you're not.
Rating: 7 Votes
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nosidam
101 months ago
"So, what do you think about Flushing, Queens?"
"I think it's a good idea."
Rating: 4 Votes
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citi
101 months ago

Who in thier right mind buys anything from a store called "Apple Story" and honestly believes they bought the real deal?


They are selling cases and headphones. If they were a legit "authorized" reseller, I could see how people would assume it was legitimate.

I don't think people went in thinking it was an actual Apple Store, just that they were selling actual Apple products
Rating: 4 Votes
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BJMRamage
101 months ago

That's true, but I did study Business Law in college. Like I said, Apple may be right in the eyes of the law, but I am talking about public perception. That's beyond the control of blood sucking attorneys, patent/trademark type or not.


Public perception would be that Apple is better than this rip-off company.
You went to business school but not marketing. Apple is almost supreme when it comes to marketing which is where people base perceptions. People will look at Apple Story as a lame attempt at stealing from a large corporation. They will see it as Apple protecting their customers who go into this store thinking they are getting a good deal on real Apple products that are 10-30% off retail prices and then think Apple sells bunk stuff.

Apple isn't going after an accessory store but one that is selling "fake" Apple products
Rating: 4 Votes
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cmaier
101 months ago

Wrong place to question the Apple theocracy. :rolleyes:


I guess you can't read, either, huh?
Rating: 4 Votes

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