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Apple Threatens Steve Jobs Doll Maker With Lawsuit

redletterdave writes "Apple has allegedly threatened to sue Chinese company 'In Icons' over its eerily realistic 12-inch action figure of Steve Jobs, the company's late founder and CEO. The 1:6 scale model, which was said to be distributed by DiD Corp. in late February, comes with the clothes and accessories popularized by Jobs, such as the black faux turtleneck, blue jeans and sneakers. The figurine is packaged in a box that looks like Walter Isaacson's 'Steve Jobs' biography cover, and also comes with a 'One More Thing...' backdrop, as well as two red apples, including one with a bite in it. To make it extra creepy, the doll's realistic head sculpt features Jobs' famous unblinking stare. Apple reportedly wrote 'In Icons', telling the Chinese manufacturer that any toy that resembles Apple's logo or products, or Job's name or appearance, is a 'criminal offense.' Attorneys believe a Steve Jobs action figure released after his death violates the 'right of publicity,' which is a state law that protects one's image, voice, photograph, identity or signature from being used commercially without consent. Furthermore, California's Celebrity Rights Act in 1985 protects a celebrity's personality rights up to 70 years after their death."

29 of 314 comments (clear)

  1. Good luck with that by Lexx+Greatrex · · Score: 5, Funny

    Personally I think it will make a good addition to the sequel to Team America World Police.

    1. Re:Good luck with that by CarboRobo · · Score: 4, Insightful

      "Criminal"? Are you sure about that, Apple? And could I point out, for your idiot lawyers, that Californian and American laws don't meany anything in other countries i.e. China...

    2. Re:Good luck with that by Anonymous Coward · · Score: 5, Funny

      Actually you're mistaken.

      The United States passed a law that all U.S. laws apply in foreign countries.

    3. Re:Good luck with that by Zemran · · Score: 4, Insightful

      You need to let people know when you are being sarcastic as many are too dumb to realise...

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    4. Re:Good luck with that by Ihmhi · · Score: 5, Funny

      Actually you're mistaken.

      The United States passed a law that all U.S. laws apply in foreign countries.

      Ah yes, the "American Mandated Exercises Regarding InterContinental Actions For Underlying Causes to Keep Your Earnings At Home" Act. Good one, that.

  2. Apple is filing this? by grasshoppa · · Score: 5, Insightful

    That's a bit strange, no? You'd think Job's family would be the one filing, not Apple, unless they own his personality rights. Which would be kinda creepy, if you think about it.

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    1. Re:Apple is filing this? by rubycodez · · Score: 4, Funny

      you didn't know? Steve was just a droid running the iI app

    2. Re:Apple is filing this? by halo1982 · · Score: 5, Interesting

      That's a bit strange, no? You'd think Job's family would be the one filing, not Apple, unless they own his personality rights. Which would be kinda creepy, if you think about it.

      It's got to be either a) Apple is doing this at the request of his family/estate or b) Steve Jobs gave his personality rights to Apple...which while creepy is not all that far fetched considering how he micromanaged everything to death (no pun intended).

    3. Re:Apple is filing this? by Anonymous Coward · · Score: 5, Informative

      From the article:

      While Apple's copyright infringement claims are questionable, attorneys believe a Steve Jobs action figure released after his death violates the "right of publicity," which is a state law that protects one's image, voice, photograph, identity or signature from being used commercially without consent. Furthermore, California's Celebrity Rights Act in 1985 protects a celebrity's personality rights up to 70 years after their death.

      "[Jobs's estate] has every right to enforce this," said Lawrence Townsend, an attorney with IP firm Owen, Wickersham and Erickson, based in San Francisco. "I expect there will be a lawsuit to follow."

      Currently, there is no successor-in-interest claim for Steve Jobs in California's special filing registry. However, a claim for "Steve Jobs" or "Steven Paul Jobs" can be filed and registered at any time by Jobs's estate.

    4. Re:Apple is filing this? by CheerfulMacFanboy · · Score: 4, Informative

      Who the f*** grants rights to "personality"?

      The law. ""Personality rights" is a common or casual reference to the proper term of art "Right of Publicity". The Right of Publicity can be defined simply as the right of an individual to control the commercial use of his or her name, image, likeness or other unequivocal aspects of one's identity. It is generally considered a property right as opposed to a personal right, and as such, the validity of the Right of Publicity can survive the death of the individual (to varying degrees depending on the jurisdiction). In the United States, the Right of Publicity is a state law-based right, as opposed to federal, and recognition of the right can vary from state to state." http://en.wikipedia.org/wiki/Personality_rights

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    5. Re:Apple is filing this? by CheerfulMacFanboy · · Score: 5, Informative

      People's Republic of China 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 another's image for commercial use without that person's consent. In the new Tort Liabilities Law, the right of privacy is mentioned for the first time in the legislation.http://en.wikipedia.org/wiki/Personality_rights#People.27s_Republic_of_China

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  3. Apple by Anonymous Coward · · Score: 5, Insightful

    The one thing Apple is better at than designing closed computers is suing people.

  4. California = International Law? by renegadesx · · Score: 5, Insightful

    So what law are they violating? I am talking about China not the US. A Chinese company does not have to answer squat to Apple nor the US legal system. They could make a doll with a penis on the head of Obama and the US Government couldn't touch them. Selling these dolls in the US is another matter (the Steve Jobs ones), but those that want them could simply import directly from China.

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  5. Re:Apple can sue about Jobs doll? by Theaetetus · · Score: 5, Insightful

    Why would they sue, do they have the rights on the likeness? I thought that would apply only to living persons.

    I know that not reading the article is par for the course, but not reading the summary?

    Furthermore, California's Celebrity Rights Act in 1985 protects a celebrity's personality rights up to 70 years after their death.

  6. Stupid by WindBourne · · Score: 5, Funny

    If they REALLY wanted to stop it, simply threaten to pull the manufacturing and bring it back to USA. Then Chinese gov. will stop it.

    --
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    1. Re:Stupid by kanto · · Score: 5, Funny

      If they REALLY wanted to stop it, simply threaten to pull the manufacturing and bring it back to USA. Then Chinese gov. will stop it.

      Wouldn't work, the Chinese would just insist that "All your Jobs are belong to us".

  7. Re:California by SecurityGuy · · Score: 5, Insightful

    I know people really use this legal theory, but it's utter nonsense. When you do something on a US web site, do you bother with whether it complies with Chinese law? Cuban? Afghani? Should you? Of course not. The mere fact of plugging a network cable into something should not make it subject to the laws of every jurisdiction on the planet.

  8. Apple suing someone? by VJmes · · Score: 4, Funny

    No, never!

  9. Re:Apple can sue about Jobs doll? by siddesu · · Score: 4, Insightful

    The summary doesn't say anything about why Apple is doing this, and neither is TFA from my cursory read through. As far as I understand the matter, it is a family affair, and it is really weird and highly unusual that they would not hire a law firm to sue, but have Apple do it instead.

    The criminal threats are also mildly surprising, and the way Apple is clinging to Jobs is indeed sort of sick. As are the people who might want to buy a figure like this one.

  10. Doll demands human status, emancipation by StefanJ · · Score: 4, Funny

    The Turing Heat had to steal the Phillip K. Dick automaton head to keep it from going sapient. The small but spunky Jobs Droid snuck under their radar and reached critical neural connections state just after this story broke.

  11. just put a label on it. by retchdog · · Score: 4, Funny

    warning! this product contains a likeness known to the state of california to cause lawsuits and frivolous torts.

    --
    "They were pure niggers." – Noam Chomsky
  12. Re:Apple can sue about Jobs doll? by LostCluster · · Score: 4, Interesting

    They're using CA's law that says Jobs' estate owns his image for 75 years after death, the problem is, how do they enforce CA law if the dolls never leave China?

  13. Re:Extra Creepy? by ScrewMaster · · Score: 4, Funny

    From the article: "To make it extra creepy, the doll's realistic head sculpt features Jobs' famous unblinking stare."

    I'd have thought I'd be even more creepy if the doll had eyes that rolled around...

    Or blinked.

    --
    The higher the technology, the sharper that two-edged sword.
  14. Re:Apple can sue about Jobs doll? by rtb61 · · Score: 5, Insightful

    Which is rather pointless as it is a state law not a federal law, in both cases it is state not federal law. Basically the manufacturers can tell Apple to go get knotted and leave Apple to pursue retailers in the affected US states. US federal laws don't apply in China and obviously US state laws are complete and utterly meaningless, as of course US states can not enter into treaties with other countries to enforce laws across international boundaries. So manufacturer and sell and deliver my mail order in the affected states, in the rest of the world, thumb their noses at Apple Inc. Besides "Think Different" Einstein billboards for Apple. So maybe Apple can complain if the dolls are blue and sport IBM logos, otherwise their history of theft pretty much leaves them in the cold.

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    Chaos - everything, everywhere, everywhen
  15. Re:Apple can sue about Jobs doll? by TubeSteak · · Score: 4, Insightful

    They're using CA's law that says Jobs' estate owns his image for 75 years after death, the problem is, how do they enforce CA law if the dolls never leave China?

    How do they enforce California law if the seller never ships to California?
    It's not unusual for online vendors to say "For legal reasons we don't ship to these states: X, Y, Z"

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  16. Re:Criminal offense? by Jeremi · · Score: 5, Insightful

    How on earth does this get to be a criminal offense rather than civil one?

    It probably doesn't, but lawyers are paid to write scary cease and desist letters, not accurate ones.

    --


    I don't care if it's 90,000 hectares. That lake was not my doing.
  17. Good Info! by Zalbik · · Score: 4, Funny

    Well I'm buying one right now!!!

    Good thing Apple sued, otherwise I might have never known about this.

    Think I'll pick up a Barbara Streisand doll too while I'm at it....

  18. Re:Apple can sue about Jobs doll? by andydread · · Score: 4, Interesting

    Personally I don't find it creepy at all. I find it incredibly realistic. I don't think I have ever seen a doll in my lifetime that is a realistic looking as this one. There is no mistaking Steve Jobs face and stare etc on this doll. I am not a fan of Jobs but would purchase one of these in a heartbeat just because of the realism of the face.

  19. And lo, it is written thus... by Chicken_Kickers · · Score: 4, Funny

    Thou shalt not make unto thee any graven image of Steve, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth. Thou shalt not bow down thyself to them, nor serve them: for i the JOBS thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me; iExodus 20:4-6 (SJV)