DHS Seized Aftermarket Apple Laptop Batteries From Independent Repair Expert (vice.com) 242
Louis Rossmann says US Customs and Border Patrol seized $1,000 worth of laptop batteries, claiming they were counterfeit. From a report: Earlier this year, Louis Rossmann, the highest-profile iPhone and Mac repair professional in the United States, told Motherboard that determining "the difference between counterfeiting and refurbishing is going to be the next big battle" between the independent repair profession and Apple. At the time, his friend and fellow independent repair pro, Jessa Jones, had just had a shipment of iPhone screens seized by Customs and Border Patrol. Rossmann was right: His repair parts were also just seized by the US government.
Last month, US Customs and Border Protection (CBP) seized a package containing 20 Apple laptop batteries en route to Rossman's store in New York City. The laptop batteries were en route from China to Rossmann Repair Group -- a NYC based repair store that specializes in Apple products. "Apple and customs seized batteries to a computer that, at [the Apple Store], they no longer service because they claim it's vintage," Rossmann, the owner and operator of Rossmann Repair Group, said in a YouTube video. "They will not allow me to replace batteries, because when I import batteries that are original they'll tell me the they're counterfeit and have them stolen from by [CBP]." CBP seized the batteries on September 6, then notified Rossmann via a letter dated October 5. Rossmann produced the letter in its entirety in his video.
Last month, US Customs and Border Protection (CBP) seized a package containing 20 Apple laptop batteries en route to Rossman's store in New York City. The laptop batteries were en route from China to Rossmann Repair Group -- a NYC based repair store that specializes in Apple products. "Apple and customs seized batteries to a computer that, at [the Apple Store], they no longer service because they claim it's vintage," Rossmann, the owner and operator of Rossmann Repair Group, said in a YouTube video. "They will not allow me to replace batteries, because when I import batteries that are original they'll tell me the they're counterfeit and have them stolen from by [CBP]." CBP seized the batteries on September 6, then notified Rossmann via a letter dated October 5. Rossmann produced the letter in its entirety in his video.
Seems like easy rules could fix (Score:4, Insightful)
To prevent this, you could just have the protection lasted as long as the product was being sold/supported by the company.
Re:Seems like easy rules could fix (Score:5, Insightful)
Easier, don't buy Apple (or other manufacturers) that pull this kind of stuff with products they sell to consumers, by pushing mandatory obsolescence.
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You're right. I'll avoid computer companies that do this.
Of course, that means I guess I'm sourcing the batteries, motherboard, screen, etc. all separately.
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GP said "avoid manufacturers that do things like that." My response was a "I guess I have to build my own laptop". Because, they all do.
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It's a fair bet Apple is behind the seizure at least semi-directly. There is a form to complain about a particular individual/company doing the importing on the CBP website. I think it's linked via the video Rossman made about this issue.
Re:Seems like easy rules could fix (Score:5, Informative)
Or you could stop buying illegal products... but that doesn't fit the "Evil Big Corporation" narrative.
An important detail about Apple batteries is that they have the Apple logo on them, and that's precisely why they were seized, as explained in the letter in TFA. They may have come from the same manufacturer as actual Apple batteries, or even been part of a batch made under an Apple contract with Apple designs, but they still have the Apple logo on them. Since Rossmann isn't buying the batteries (even indirectly) from Apple, nor is he himself allowed to use the Apple logo, it's indeed illegal to use the Apple logo on them. That's precisely the purpose of a trademark: to identify that a product came from a particular vendor.
Now, the Chinese manufacturer could have relabeled the batteries with their own logo, and said they're "compatible with Apple" (or similar wording), and everything would have been legal, and Apple would still be equally unhappy. Since they didn't actually do that, it's an illegal use of the mark.
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considering Louis didn't show the batteries, since he doesn't have them, no photograph of the batteries was included, and no other image of a replacement battery, not an apple original battery, was shown.
It's only assuming that the batteries were seized because of this said logo/trademark infringment.
Though It is probably the most likely reason for the batteries being seized,
the timing is a bit awkward for the very fact that there was a recent CBC documentary shown on tv, which was made some time ago.
anyway
Re:Seems like easy rules could fix (Score:5, Insightful)
You're assuming that the batteries are counterfits. If they were counterfeited in China, why bother adding the logo? Why doesn't the "used and recovered" battery story hold water? Or, given the e-Recyclling that used to take place, harvesting the cases from discarded laptops and replacing the cells.
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It would seem Apple won't sell you, the owner of the old "vintage" laptop, the battery either. If Apple had their way, there'd be NO source for replacement batteries for "vintage" machines, leaving only choice to buy a new one.
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To clarify, Apple won't sell anyone the replacement parts, and that's fine. That's their right (through a rather roundabout path leading back to free speech).
However, they can't stop other companies from making similar parts (even using materials salvaged from other Apple products) and selling those parts as "compatible"... unless the part manufacturer is stupid enough to leave the Apple logo front-and-center on the parts, so it looks like Apple made them. Then Apple can claim misuse of their trademark, whi
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Otherwise Ford could stop you from selling your Mustang if you replaced the engine with an aftermarket one, since it still looks like a Ford Mustang on the outside and has the same trademarked logos.
Technically... they could try. Then the question would be whether there's enough indication that the engine was replaced, so a consumer would know they aren't getting exactly what's obvious on the outside. For example, having a nice big logo when you open the hood is a good sign (pun only half-intended). Listing the car as having aftermarket upgrades would also help.
Trademark law is based around fraud protection. If it's obvious that you aren't trying to defraud anyone with your sale, you'll generally be fi
Re:Seems like easy rules could fixThe shells have (Score:2)
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that says they're modified, reclaimed, or otherwise non-Apple parts, that'd probably be fine.
Who says they've been "modified" or "reclaimed" ?
The parts very well could have been never-used OEM parts that come off an Apple manufacturing line and/or waiting unused in storage to be ordered. These might have been stolen parts that were supposed to have been delivered for distribution to Apple service centers or stock or left-over units that were supposed to have been installed in new laptops, But that woul
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They were physically tested and found to be counterfeit. End of story they are illegal and very likely dangerous. Given the price paid I doubt they used Apple's formulation.
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A CBP spokesperson told Motherboard in an email: “CBP officers and trade specialists detained the shipment and submitted samples to CBP’s Consumer Products and Mass Merchandising Centers for Excellence and Expertise (CEE), the agency’s trade experts, who determined the batteries to be counterfeit."
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If you read the comments and information on his video the batteries actually had the apple logo on them because they were refurb'd or recovered from otherwise dead macbooks. The sellers USUALLY BLACK OUT the Apple logo so they won't be flagged as counterfeited logos/products. This shipment, they forgot.
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> If they were counterfeited in China, why bother adding the logo
To sell them to home repair laptop owners, to third-party repair vendors, or even on Ebay to uncautious people who believe the vendor and the trademark.It can even be common to replace legitimate orders with illegitimate, counterfeit components and charge full price. I've never encountered this with laptops, but I've encountered it with video cards and RAID controllers. An intern who worked with me sought to keep a purchase order under the
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If they were counterfeited in China, why bother adding the logo?
You do understand the point of "counterfeiting" right?
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Counterfeit implies that it is supposed to pass as the original, which would mean it would need the logo on it... But as you say, it's not clear if that is what these are.
Re: Seems like easy rules could fix (Score:2)
Rossi am repeatedly states that there are original apple batteries, that he has purchased from this supplier before and given it a high rating - which presumably means they ship what they sell.
Re: Seems like easy rules could fix (Score:5, Funny)
Exactly. Buying second hand goods should be illegal. It is the same as stealing from the benevolent companies that make it possible to buy anything in the first place. You shouldn't be able to fix your own car, change your own oil, or pump your own gas from a third party vendor. You should do everything at the dealership, using the trained, honest and fairly priced personnel available there. Or go to jail.
Comment removed (Score:5, Insightful)
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Do you?
Let's fix your analogy by making the Ford a Shelby GT-500 you bought used. It still looks like a Mustang, handles like a Mustang and may have a perfectly nice refurbished engine - but not the 500 hp cast iron block from Shelby, despite having all the Cobra decals. Which was one of the ma
Re:Seems like easy rules could fix (Score:5, Insightful)
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So if my blue oval was sun faded, I can only get a new one from Ford?
There seems to be an awful lot of them on eBay and Amazon.
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If the parts had Ford OEM markings you could not legally sell the car as you would be committing fraud.
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Because your argument is about as fucking pants on head retarded as saying if I change tires on my Ford its now a fake as it still has the Ford logo on the grill!
Oh, I do love a good car analogy. However, that's not a good car analogy. Let's improve it, and make it relevant to the case in point.
Let's say, hypothetically, you're selling tires to a used-car dealership. Naturally, they'll need to occasionally replace tires on a car before they can sell it. Now, you're trying to sell the dealership a set of Ford tires, to put on their Ford cars. You know they're Ford tires, because they say "Ford" right there in big letters on the sidewall, and you bought them from a ve
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Problem is they were marked as OEM Apple batteries. if there not that illegal. If you bought a new ford alternator and later found out it was a refurbished used unit you would be pissed because you would have been defrauded.
Re: Seems like easy rules could fix (Score:2)
Everything you say is ONLY true if--IF--the batteries are actually counterfeit.
On what basis are you determining that they are counterfeit and not second-hand originals? That a counterfeit market exists? So does a legitimate second-hand market. That CBP made the determination? They hardly have a perfect track record here.
I don't see where you have any special insight, yet you seem really confident that Rossman is a conman.
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Your argument sums up to that only Apple could sell goods with Apple logo.
Do you understand how far this reasoning could be applied to? For exampl
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There isn't a line that connects those dots. Used equipment from an OEM is not at all the same thing as new generic parts with a trademarked logo slapped on them.
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To be fair, there is a legal line connecting those dots, and there is a legal reason it doesn't matter.
The key is that the resale of like-new products is fine because it's not going to cause any brand confusion. The old iPhone you're selling is still an iPhone, and (assuming everyone plays by the rules) still has Apple's hardware inside the case. Legally, you're just selling an intact product (as you're entitled to under the first-sale doctrine), and you're not claiming to have changed its value in any way.
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To be fair, there is a legal line connecting those dots, and there is a legal reason it doesn't matter.
The key is that the resale of like-new products is fine because it's not going to cause any brand confusion. The old iPhone you're selling is still an iPhone, and (assuming everyone plays by the rules) still has Apple's hardware inside the case. Legally, you're just selling an intact product (as you're entitled to under the first-sale doctrine), and you're not claiming to have changed its value in any way.
However, once you do something that changes the product's value, you have to be absolutely clear what that change was. If you replaced the battery or otherwise refurbished the product, you're supposed to declare that, so customers know exactly what they're buying. You could upgrade or overclock some components, and call it "modified", and even charge more for it. That's all fine, as long as you're making effort to say "this isn't exactly what that label might make you think".
You see, you are claiming first sale doctrine, but then you are completely undermining it. Once I buy something it is completely mine. Every part of it is mine. I can do whatever I want with it. Including reselling it.
You are talking about changing value and declaring it. What is the legal authority I should declare these things to? What is the law that mandates I do that? What even "value" means in this context!!
If you as consumer accept such erosion of the first sale doctrine, soon there will be no first
right to repair laws need to fix this! (Score:2)
right to repair laws need to fix this!
They are not "illegal products". Apple is bad. (Score:2)
You're not a lawyer, and your glib description of "illegal products" is nonsense. Even the legal expert cited in the original article wrote:
> “This strikes me as an abuse of trademark law by Apple,” he added, “one clearly designed to maintain its stranglehold over the repair market and, ultimately, to force customers to buy new hardware.”
So now we have a real legal expert who says that Apple marked products sold by Apple manufacturers to a third party are not an abuse of trademar
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You're not a lawyer, and your glib description of "illegal products" is nonsense. Even the legal expert cited in the original article wrote:
That's cute, but you don't actually know anything about my credentials, and "legal experts" are not necessarily lawyers, either. The one quoted is a professor, who doesn't seem to have been a practicing lawyer for 10 years.
Still, let's actually read the rest of his quote, written about a different (but similar) case:
“Assuming that: (1) the cable bearing the Apple mark is a genuine Apple product, (2) the cable used on these screens is the same as the one Apple uses in the U.S., and (3) the importer/seller clearly communicates that the screens are a non-Apple aftermarket product, then Apple’s case for treating these as ‘counterfeit’ goods is very weak,” Perzanowski said in an email. “Refurbished or repaired products are generally permissible under trademark law’s first sale doctrine, so long as they are clearly labeled as such.”
(emphasis mine)
The key detail is that the parts have to be labeled accurately. In the case of batteries, if the cells are replaced or anything is done that makes them not the original Apple par
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The key detail is that the parts have to be labeled accurately. In the case of batteries, if the cells are replaced or anything is done that makes them not the original Apple part, they can't carry the Apple logo, making these an illegally-marked part.
This is wrong. The simple presence of an Apple logo doesn't make them "illegally marked". If I put a new aftermarket engine in my Ford, I can still sell it without removing the "Ford" badges on the car. If I put new laces in my shoes, I can still sell them without removing the Nike swoosh from the side. As long as it's made clear to the purchaser that the battery is refurbished then it doesn't matter if the Apple logo is on it as the seller isn't representing it as an Apple product. In fact, it sounds
Re: They are not "illegal products". Apple is bad. (Score:2)
Apple doesnâ(TM)t make the original cells. Replacing them doesnâ(TM)t make an original product any less original.
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Since Rossmann isn't buying the batteries (even indirectly) from Apple, nor is he himself allowed to use the Apple logo, it's indeed illegal to use the Apple logo on them.
This isn't true.... If the batteries were made by Apple and being re-sold, then Apple REQUIRED their logo be on it when Apple had it manufactured, and the markings
remain when other people are re-selling Apple's product with or without Apple's blessing -
If Apple originally sold the unit, then it's Trademark Fair Use for people recove
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>Eventually they'll probably create "smart batteries" with DRM chips to ensure both only authorized batteries are used and that a dead product stays dead.
ink jet cartridges...
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I don't know if I would call it a DRM chip.... but the batteries do communicate thier state to the PC and it can decide if they fast charge or not, etc... I have a reburb in my Dell and it's a bit wonky doesn't always charge quite right but it does work for the most part...
Quit making up stuff (Score:2)
Apple did not file a complaint. That would be public record and impossible to cover up. And if you think the largest publicly traded company in the world is worried about 20 batteries they don't even sell your an idiot.
And yes contracts do work that way. A manufacturer only has licence to use Apple's logo on the products it sells to Apple. Manufacturing overruns happen all the time. And guess what. They remove the logos and sell them to the gray market.
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note there is no actionable claim here the buyer has not been damaged. His only claim would against the seller.
Products don't have rights. They can be assumed counterfeit until proven genuine. That's actually how international shipping works. The paperwork is required.
Abuse of the law (Score:5, Insightful)
Companies like Apple use "intellectual property" laws to circumvent prohibitions on tying. [wikipedia.org]
It's illegal to require me to buy my battery from Apple just because I bought my computer from them.
And what's happening here is even worse: trying to make it illegal for anyone to sell batteries for computers Apple wants their customers to replace.
Re: Abuse of the law (Score:5, Informative)
And Customs overreaching their authority.
These are legitimate replacement batteries. Not knockoffs. Taxes paid. Not Customs job. Not DHS job.
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It all depends on if they were new or used. If they were used, they're probably legit. If they were actually new, then it explains why Mr Rossman uses sarcastic language instead of direct language. He complains that DHS doesn't consider that maybe the batteries were removed from used devices, but that's not the same as saying "the batteries were in fact removed from used devices."
I can't say I'm liking or trusting either side on this one. Two assholes having a fart competition.
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At the point where he is repairing computers that Apple WILL NOT repair themselves I don't care if the batteries are legit or counterfeit. He is not costing Apple anything.
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At the point where he is repairing computers that Apple WILL NOT repair themselves I don't care if the batteries are legit or counterfeit. He is not costing Apple anything.
Every repair of old Apple product is a missed sale of new Apple product.
It's the Broken Window fallacy.
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Who cares if you care, though? How does that impact the situation, or the analysis?
If the story was, "DHS encourages people to avoid local swap meet" then it would matter. But the story is about something else.
Re: Abuse of the law (Score:2)
Sorry, but you donâ(TM)t get to use the Apple logo when you donâ(TM)t actually own the trademark
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If apple no longer makes those replacement batteries, then how can they be legitimate apple branded batteries? Presumably these were just manufactured and not 'new old stock'.
If they were used, or new old stock.
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Why is that presumable?
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> If apple no longer makes those replacement batteries, then how can they be legitimate apple branded batteries? Presumably these were just manufactured and not 'new old stock'.
They don't have to be "branded". They only have to meet very basic physical characteristics.
Lawyer up. (Score:5, Insightful)
The CBP and Apple are wrong.
They are not counterfeit. They are what they say they are.
LR needs to lawyer up and sue.
Wasn't there a recent case in Europe with exactly the same situation?
Re:Lawyer up. (Score:5, Informative)
They are not counterfeit. There is a growing market in China of refurbishing old hardware. Essentially taking old and broken Macbooks and either repairing them or parting them out and reselling the components. This includes batteries.
The batteries he had purchased were refurbs taken from old Macbooks.
Not counterfeit.
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Re:Lawyer up. (Score:5, Interesting)
For items manufactured in the US, the manufacturer is open to liability if they hurt somebody.
For imported items, the importer is the one who is open to liability if they hurt somebody. That's Mr Rossmann in this case, not Apple.
Thanks for throwing shit at the wall declaratively, though.
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The customer would still walk into the Apple store demanding repair and the media would likewise have their heads.
It's not just about legal liability, a lot goes into manufacturing a quality product. The worst thing is that this low-life didn't even NEED to manufacture Apple parts. You can buy battery cells and solder them into place OR you can buy a third party battery that's not labeled as being Apple products.
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That there is a growing market in China of refurbished old hardware does not actually tell us if in this case the batteries confiscated were used batteries, making them real and legal, new counterfeit batteries, or legal new old stock. However, Apple's supply contracts probably regulate any unsold items, and when it comes to this stuff a foreign contract is basically law from the perspective of the US courts; so new old stock would probably have never had a legit "sale" that would let it onto the US market
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If I take a gearbox out of a Ford (one that's got a Ford logo stamped into the case) and replace a bunch of warn or broken gears inside with new gears made by a third party before selling that gearbox as refurbished (and being totally open about the fact that its a refurbished job and what was done to it) should Ford have the right to stop you just because its got a Ford logo on the case?
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No but you can't go claiming you're a Ford dealership selling factory parts.
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Are the people using these "refurbished" batteries in any way claiming they are genuine unmodified Apple parts or lying about what has been done to them? Or are these people claiming they are somehow authorized Apple service providers?
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Pretty much. That's what this guy was claiming at least - to have access to brand new Apple parts, he's selling these batteries for $150-300 claiming to be genuine Apple replacement parts.
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That is second hand and it's clear that it is second hand. You're buying from the first owner. In this case, this guy is selling "Brand New" batteries and claiming they are Apple manufactured and he somehow has a connection to the Apple factory and they make custom runs of vintage hardware for him.
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It does if it made it out of the factory overseas and was never sold by the company whose trademark is on it!
For example, if the factory accidentally made an extra one, and accidentally sold it to you, and then you imported it, it went from "unsold trademarked goods" to "counterfeit" as soon as you crossed the border.
OTOH, if the mark holder sold it to a distributor, and then they sold it to you, then it is all legit and importing it can't make it counterfeit.
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As long as you don't sell me your 8y iPod as "new" simply because you put different cells in it. That's the difference, you can't buy "new" vintage Apple hardware which is what this guy is claiming he's doing.
Second reason not to buy Apple (Score:2, Interesting)
Same with Microsoft.
Same with Amazon
Same with all phone manufactures
Same with consumer laptops. (You can generally repair desktops and business laptops.)
Apple Cars (Score:4, Insightful)
Apple should design cars, think of it.
-after a set number of fuel-ups, the performance decreases to save fuel economy
-after a set number of fuel-ups, the car can no longer function, because the gas tank is non-replaceable
-if the tires wear down, you must purchase a new car
-if the windshield wipers need replacement, just replace the whole windshield assembly
-refilling the wiper fluid will cost $250
-the floor mats are non replaceable
-if you blow a headlamp, purchase a new car
-if the remote keyfob battery dies, purchase a new car
Seems incredulous (Score:4, Insightful)
There are aftermarket batteries for vintage models that do not copy apples logo, such as the Rayovac [batteriesplus.com] ones for the original MacBook. The statement about batteries from demo machines running in stories is incredulous. Seriously suggesting that customers want repairs with batteries that have been trickle charged while continuously running, as would be the case for batteries from demo units, just fails Occam's razor. Story sounds like someone that is complaining after they got caught or at least should have done more research into their supplier.
CBP can claim whatever they want on imports (Score:2)
The rule for importing “branded” items is pretty clear.
If you bring something that you claim is by a brand you better have a license with that brand. Else CBP will just assume it’s counterfeit. You could claim it as a replacement part for a device but the moment you say that part is original, you’re in trouble. You could go into a Gucci store in Italy, buy 10 bags and ship it to yourself, CBP will stop that shipment and claim it’s counterfeit even if you show the original rece
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You could go into a Gucci store in Italy, buy 10 bags and ship it to yourself, CBP will stop that shipment and claim itâ(TM)s counterfeit even if you show the original receipt.
I call BS on this one.
it would seem that it MATTERS if you mail to yourself for personal use or to yourself as a business, with intent for resale.
personal use is what seems to be the thing that breaks your assertion. can you cite that even personal use would mean the good you mailed to yourself are considered counterfeit?
similar
Re:CBP can claim whatever they want on imports (Score:4, Interesting)
You could go into a Gucci store in Italy, buy 10 bags and ship it to yourself, CBP will stop that shipment and claim itâ(TM)s counterfeit even if you show the original receipt.
I call BS on this one.
it would seem that it MATTERS if you mail to yourself for personal use or to yourself as a business, with intent for resale.
personal use is what seems to be the thing that breaks your assertion. can you cite that even personal use would mean the good you mailed to yourself are considered counterfeit?
similarly, your link talked about greymarket and many of us regularly buy (or bought) cameras that were greymarket and they most certainly did make it to BH, adorama, etc - and are not stopped at the border.
so, I call BS on this. personal use is OK and greymarket is NOT automatically illegal. Nikon would like to think so (and that's why I stopped supporting nikon) but its not ILLEGAL to import or sell greymarket goods, as long as its marked as such (ie, no US warranty or local post-sales support from the US support org)
You're welcome to try mailing 10 Gucci bags to yourself for personal use if you don't believe me. Hell, you don't even have to mail it to yourself. Just try to land in LAX with more than 5 new Italian bags. Even if you declared it and paid the duty on it, they're going to give you a hard time. I've had a friend had a box of returned merchandise get seized at LAX. His friend had a thrift store in some Asian country, bought items from here, but couldn't sell it and had him bring it back to be returned to the manufacturers here. Fully documentation on the shipment, CBP claimed that he intended to sell counterfeit merchandise and confiscated the items.
One of my ex-gf does graymarket import/export for a living. Generally depending on the port of entry and port of departure, you have 1% to 10% chance of inspection. If you're unlucky and your shipment gets inspected, you better have a license from the trademark holder for that shipment. What probably happened is Apple complained to CBP and Rossman's shipment was flagged for inspection. If it has an Apple trademarking on it and he didn't have a license from Apple to import, then his shipment is going to get seized.
Apple sucks (Score:3, Interesting)
Rossmann group recovered data from an iPhone my wife dropped in the water. Of course Apple was unwilling to help me, but Louis was! It's insanity to think that a product you purchase can be held hostage by a company for the entire time you "own" it. I'm done with Apple. They suck, a cancer in the tech arena. Tech is beginning to suck everywhere because of this type of bull$h1t. It's time for me to purchase a new car and I am actually considering purchasing a 1960's to 70's vintage restored vehicle to avoid all the nasty tech involved .. and I'm a IT professional!
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Why no back ups?
don't tell the printer companies (Score:2)
could we soon see all third party ink cartridges be declared counterfeit if apple is able to get away with this.
just stop (Score:2)
Stop blaming Apple. Third party replacement batteries are readily available from reputable sellers. This guy decided to save a few bucks and screw his customers by buying iffy products from China. They were fakes. Apple doesn't give a damn about $1000 worth of old batteries it doesn't sell anyways.
Re:Free Market (Score:5, Funny)
It will also trickle down.
Re:Free Market (Score:5, Insightful)
This is the free market. It will correct.
What color is the sky on your fucking planet? Because it sure as shit isn't blue.
This is overweening government using rules created by regulatory capture [wikipedia.org] to protect powerful entrenched interests.
It's most assuredly not anything close to being free market.
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Please mod up.
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> What color is the sky on your fucking planet? Because it sure as shit isn't blue.
As long as there isn't some blatant cronyism involved, someone will step up. It's against human nature to leave money on the table.
Actually, the original article is a pretty good example. The only reason there is even a problem now is because of blatant cronyism.
The market is being interfered with by government. Shameless corporate boot lickers are cheering on the nonsense.
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>The market is being interfered with by THE USA government
there, corrected that for you.
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I don't buy Apple products myself; but when I took my neice's puppy-destroyed laptop charger to an Apple store to find out the price of a replacement, they just gave me one for free.
Base unit still overpriced, but excellent service in my experience.
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And here we find the Apple lover.
Your mouse is broken, that will be $500 please.
Your Mouse pad needs replacement, that will be $125
Your charger is broken, that will be $250
Your screen is dirty, that will be $50
Your "Apple" key is sticky, that will be $125
Your drive is full, that will be $1200
heck, might as well chuck it into the trash and buy a shiny new one, you like shiny new stuff.
That's like the tires on my car being worn, and the manufacturer saying, well, just buy a new car! duh!
Apple Mouse: $79.00 or $99 for Space Gray
Apple Mousepad: They don't sell them, and generally you don't need them
Apple Charger: $19 5W iPhone, to $79 87W USB-C
Screen Cleaner: Not sold. Genius bar will do it for free if you ask nicely.
Stuck keys: Warranty makes repair free for next 4 years. Otherwise it is a hell of a lot more than $125
Full drive: Delete porn stash - Free
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Louis Rossmann's supplier usually covers the Apple logos with a sharpie, but for some reason they did not do that in this case.
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How can they be official Apple batteries if Apple isn't selling them?
Do they morph into a different unit once it's certain for the universe that Apple won't sell them? Or do they keep the same design, dimensions, parameters, manufacturing line, hands of workers assembling them...?
Re: Louis is great guy, but... (Score:4, Informative)
The principle is "first sale." Once Apple has sold it, then the buyer owns it and can resell it.
If they're being produced on contract, and the contract ended and they have surplus units that have never been sold, those are "counterfeits" if they make their way to the market "somehow." What matters is when the rights holder sells the item.
The trademark doesn't tell you what factory it came from, it tells you which company placed it on the market.
Worrying about if it is functionally the same, that is a concern for fungible goods, not branded goods that trade on their mark.
The real problem with the story is the lack of clear facts about what the items really were; new or used.
Even "new old stock" is only legit if it was sold to a distributor who then warehoused it. It has to have been sold legitimately at some point to still be legit now. But once it was sold, they can warehouse it as long as they want.
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The problem with batteries is that you can't "keep" batteries warehoused and then claim they're "new". They discharge themselves and once empty, they could even short themselves out.
The other problem is that if they were manufactured but never sold, they likely never went through QC. There is a lot that goes into producing quality products, if my manufacturer started selling my stuff, not only would that be trademark infringement, the customers would get a much inferior product.
Re: Louis is great guy, but... (Score:5, Insightful)
"How can they be official Apple batteries if Apple isn't selling them?"
Trivial: They could have been acquired while apple was selling them. Then they sat somewhere.
For example, there's fairly brisk trade in laptop parts for certain popular discontinued laptops (including Apple) where the replacement parts are being recycled from units. e.g. the screen from a unit with a dead mainboard, or the mainboard from a unit with a dead screen... i repaired my old clamshell macbook for years with genuine apple parts you could no longer purchase from Apple.
Counterfeit product is a real issue as well, to be sure. But it's overreaching pretty far to assume that just because apple won't sell you X that X is counterfeit.
Re: Louis is great guy, but... (Score:4, Informative)
The term commonly used for vintage car parts is "new old stock" (NOS).
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Thanks for that. I was trying to think of the term; lots of vintage / collector stuff is available like this... toys especially.
You can easily buy lego sets new in the box that lego hasn't sold for 20+ years; and they aren't "counterfeit". :)
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So they're not "new" batteries like the guy's repair website is claiming then. Batteries degrade if they sit in a warehouse, depending on the type, the chemistry actually destroys unused or empty batteries.
He is either selling old batteries as new and ripping off his customers or selling knock off batteries as branded batteries and ripping off his customers.
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If they're "refurbished" then they are "used" and were merely repaired, and they're allowed to have their original labels. I don't know what country the things you said are true in, but it isn't the USA. Here, once somebody buys it, they own it and can resell it without restriction.
If you don't like it, don't put your trademark on the item, just sell it is a white-box generic.
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because they weren't. they were physically tested and found not to be Apple batteries.