A Chinese company, MIC Gadget has stopped selling a Steve Jobs doll action figure after receiving a cease and desist letter from Apple’s lawyers stating that it violated Apple trademarks and copyrights. The question is, why? The doll action figure is quite realistic, and doesn’t create any confusion, or cast Apple or Mr. Jobs in a bad light. Sure, the base is shaped like the Apple logo, but that’s a quick fix. And notice that SJ’s holding the iPhone 4 with the infamous Death Grip (which may or not be intentional on the maker’s part).
But, to my eyes, this presents an opportunity for Apple to do more than protect their perceived or actual intellectual property rights. MIC Gadget was on to something here and Apple could benefitted from it. Perhaps a tie-in to promote the forthcoming next-gen iPad? An all-proceeds-go-to-charity sale? A Geico Lizard-esque commercial featuring the SJ action figure? Or, as posted on Slashdot, could it be that Apple is concerned that their followers (myself included) are purchasing lead-painted false idols?
Or maybe Apple is policing its personality rights (which are proving to be a very dynamically changing landscape; a topic best saved for another day).
MIC eventually announced that Apple’s cease and desist letter stated, “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 . . .” A little research verified that Section 3344 protects the publicity rights of living persons. So, for better or worse, Apple probably has a point. But they’re still a total buzzkill.


Comments
Posted On
Dec 15, 2010Posted By
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Posted On
Dec 15, 2010Posted By
markmalekI like how this is referred to as an “action figure.” When I think of action figures, I am taken back to my youth and playing GI Joe in the woods until Mom screamed “Dinner.” I’m pretty sure that back in those days, anyone playing with a “figurine” of a programmer would have been beaten up! My oh my how times have changed….
Posted On
Dec 15, 2010Posted By
Aaron ThalwitzerFor me it was He-Man. To this day, I get grief from my entire family for running around the house, sword in hand, yelling “I HAVE THE POWER!”
“I HAVE THE iPHONE!” just doesn’t have the same ring.
Posted On
Dec 15, 2010Posted By
markmalekAh yes, but what you fail to recognize is that the Steve Jobs action figure has an arsenal of weapons all beginning with i – iMac, iBook, iPhone, iPod, iActionFigure, etc.
Posted On
Dec 15, 2010Posted By
Aaron ThalwitzerGood point. And to be fair, I misquoted Mr. Jobs. It should be, “i HAVE THE iPHONE!
Posted On
Dec 16, 2010Posted By
PatrickDoes anyone else find it interesting that Apple is asserting rights to the Steve Jobs’ “name and/or likeness” rather than Jobs personally?
Is it possible he signed over his personal publicity rights to Apple?
Posted On
Dec 16, 2010Posted By
markmalek@Patrick – or is it possible that there is no Steve Jobs and that Apple is the beginning of the end of the world….maybe Steve Jobs is a computer generated apparition???? This is just getting spooky!
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Dec 23, 2010Posted By
HeatherMajor LOLs Aaron.
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Dec 23, 2010Posted By
Aaron ThalwitzerI’m loving the smiling and winking emoticon. You kids and your smileys!
Posted On
Dec 23, 2010Posted By
HeatherWhat’s the deal with emoticons? Are those patented or trademarked? Intellectual property… it has no limits.
Posted On
Dec 23, 2010Posted By
HeatherPosted On
Dec 23, 2010Posted By
Ina FranksI like how this is referred to as an “action figure.” When I think of action figures, I am taken back to my youth and playing GI Joe in the woods until Mom screamed “Dinner.” I’m pretty sure that back in those days, anyone playing with a “figurine” of a programmer would have been beaten up! My oh my how times have changed….