Apple moves to ban Steve Jobs action figure

Do you remember the Steve Jobs action figure that was so life-like it was creepy? It appears the model may never see the light of day because of Apple's proactive legal team. According to a report in the Telegraph, Apple is threatening to sue InIcons, the company that created and marketed the figurine. Apple supposedly sent a letter to the company that said it's illegal to use a company's logo, a person's name or his or her likeness without consent.
InIcons has been taking pre-orders for the action figure and expected to ship it sometime next month. InIcons hasn't said what it would do, but comments from InIcons' Tony Cheung suggest the company isn't going to step down. Cheung recently spoke to ABC News and said:
"Apple can do anything they like. I will not stop, we already started production."
Cheung also says his legal team advised him his figurine is in compliance with the law because it's not sold with any replica Apple products. As for Jobs' likeness? Cheung says Jobs is "not an actor, he's just a celebrity. There is no copyright protection for a normal person." He further argues that "Steve Jobs is not a product...so I don't think Apple has the copyright of him."
InIcons is not the first company to create a Steve Jobs action figure. MIC Gadget produced a life-like action figure last year, but it was shut down by Apple's legal team.
[Via MSNBC and ABC News]
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Do you remember the Steve Jobs action figure that was so life-like it was creepy? It appears the model may never see the light of day...
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The idea that only actors, amongst all celebrities, own publicity rights to their own image and likeness? Bzzzzt.
Given that line, I am going to go ahead and guess that InIcons does NOT have a legal team. Publicity rights survive death in many states and even where they don't federal law prevents the appropriation of a celebrity's likeness as false endorsement.
Apple is undoubtedly justified in initiating action here because the background prop of the model and its attire are clearly meant to imitate an Apple keynote, so that's false Apple endorsement as well as misuse of trade dress.
This is not a case of Apple 'owning' Steve Jobs. Apple owns publicity rights to its promotional events, and all employees either explicitly or implicitly would necessarily transfer rights relating to their image to Apple by willingly appearing in those events. How else could Apple ever legally publish a video of the event? Apple owns those rights, and derivative and reproduction rights of its events as well.
This figure is not going to be manufactured.
So does Apple OWN Steve Jobs' likeness now? The man clearly deserves any homage which can be given to him. Steve Jobs changed the entire world with his visionary outset and revamping of wireless media and communications. He’ll be a name which rings out through history for evolving the way we live, share and communicate. I was compelled to create a portrait of him, now In Memoriam on my artist’s blog at http://dregstudiosart.blogspot.com/2011/08/end-of-era-steve-jobs.html
January 06 2012 at 2:48 PM Report abuse Permalink rate up rate down ReplyIf there is any legal blocking to be done, why is Apple doing this and not his estate? Wouldn't his children have more say over this product being blocked than Apple?
January 06 2012 at 12:25 PM Report abuse Permalink rate up rate down ReplyI'm pretty sure at this point Apple employs more lawyers than they do engineers.
January 06 2012 at 12:02 PM Report abuse Permalink +1 rate up rate down ReplyYea, I agree with that.
January 06 2012 at 1:29 PM Report abuse Permalink rate up rate down ReplyWhat I find creepy: I thought Apple belonged to Steve (well, a part of...) but now it seems, Steve belongs to Apple.
January 06 2012 at 5:43 AM Report abuse Permalink rate up rate down ReplyAnd I like this guy's moxy. I hope he doesn't back down cuz I preordered one.
January 05 2012 at 10:16 PM Report abuse Permalink rate up rate down ReplyI think the celebrity bit is that he's famous, but he never marketed himself as an actor or athlete would. He was never the product, per se. He's famous by association with Apple.
January 05 2012 at 10:14 PM Report abuse Permalink +1 rate up rate down ReplyHe's a celebrity yet a normal person?
January 05 2012 at 9:07 PM Report abuse Permalink rate up rate down ReplyDeals of the Day
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