Apple Sues Steve Jobs Figurine Maker Over Likeness

eldavojohn writes "Techdirt brings word that China-based MIC Gadget, the maker of a four inch 'SJ figurine,' is being sued by Apple to stop making the product. The fairly well detailed figurine went for $80 and the manufacturer offered updates as it quickly sold out of the first 300 and was subsequently sued before starting a second batch. The glasses, the black turtle neck, the salt and pepper beard, the blue jeans and the new balance sneakers — that is Steve Jobs' look and you don't even have to consider the smug look or the iPhone 4 in his hand while standing in a classic press event spotlight pose. So far, this notice for copyright infringement only exists for the 'SJ figurine' (no mention of Apple or Jobs in the store listing) but it appears other companies are allowing MIC Gadget some leeway with trademarks or perhaps they just haven't noticed yet. Could it be that Apple is just concerned that their followers are purchasing lead-painted false idols?"

Comments

I thought that this was decided

[Chrisq]

It looks like he has a case under Chinese law:

In the People's Republic of China, rights of personality are established by statute. according to article 99 and 100 of the General Principle of Civil Law of the People's Republic of China, the right of name and the right of image are protected. It is prohibited to use other's image for commercial use without the person's consent.

Re:What is the basis for the suit?

[BasilBrush]

Look more closely at the base. It's the shape of the Apple logo. For sure, that's Apple's most important trademark. And trademarks have to be protected.

Re:What is the basis for the suit?

[MachDelta]

If you follow enough links, it shows a snippit of the C&D email they received:

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