Apple Sues Steve Jobs Figurine Maker Over Likeness 172
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?"
What is the basis for the suit? (Score:5, Interesting)
Has Apple trademarked Jobs' image? Or is there some kind of international law that covers selling the likeness of someone without their permission?
I'm not being snarky, I genuinely don't know.
Re:What is the basis for the suit? (Score:3, Interesting)
You are confusing copyright "fair use" with trademark "fair use", and trademark "fair use" with trademark rights! You are kind of all over the place. As for CR vs. TM fair use, same name, different standards. Both are a complete doctrinal minefield in terms of the case law associated with them.
Any party can "easily make an argument" for fair use, but no one, and I mean NO ONE, knows if they will prevail on that claim. The law is just too erratic and fractured in this area.
Trademark fair use requires, as Monkeedude1212 says, commentary, criticism, news reporting, and it must specifically NOT be commercial use. Slapping a logo on something and selling it, that's commercial use.