A few months ago we covered the story of Fei Lam, whose site, WhiteiPhone4Now.com had been forced to shut down. He managed to sell $130,000 worth of iPhone 4 parts that were in the elusive (at the time) white color. The story since then went quiet, until yesterday when Apple decided to file a lawsuit against Lam and his parents.
The suit claims that the site led to the infringement and dilution of Apple’s trademarks and that it was involved in deceptive practices through selling the iPhone conversion kits. Curiously, Apple has also filed a voluntary dismissal of the lawsuit, which as MacRumors suggests, may mean that a settlement has been reached, although the request for dismissal without prejudice may mean that Apple could come after Lim again at a later date.
Defendent Lam willfully and without authorization has used Apple’s trademarks in connection with the sale of his “White iPhone 4 Conversion Kits,” which among other things included white front and back panels with Apple’s logo and “iPhone” trademarks that are used in connection with the promotion and sale of Apple’s well known iPhone 4 handheld mobile digital electronic devices.
Included in the suit from Apple are quotes from an instant messaging conversation between Lam and Alan Yang, a business owner in Shenzen who obtained the parts for Lam. Of importance is that Yang notes he was having difficulties getting parts shipped out because customs agents in Hong Kong were raising concerns over trademark issues.
Apple has requested a permanent injunction barring the Lam, and his parents who are also included in the suit because he is a minor, from any further sales and forfeiture of all profits from the sale of white iPhone 4 parts, reimbursement for legal expenses and additional financial penalties. If you are interested in more details of the case, check out PatentlyApple which has done an extended summation of the suit.
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