“Luxpro displayed its Super Shuffle MP3 player at CeBIT and drew concern from Apple for its similarities with the Apple-made iPod shuffle. According to an interview conducted by the Chinese-language Economic Daily News, Luxpro said that although their product may look like the iPod shuffle, it differs internally and includes an FM radio and voice recorder. Luxpro’s Chairman Fu-Ching Wu told EDN that patents do not cover appearance,” DigiTimes reports.
Full article here.
MacDailyNews Take: It is called “trade dress infringement” and Apple has won similar cases in the past, for example, the original iMac and Daewoo/eMachines knock-off eOne: http://www.apple.com/uk/pr/0310_daewoo.html
Related MacDailyNews articles:
Apple moves to stop CeBIT presentation of Luxpro’s ‘Super shuffle’ iPod shuffle rip-off – March 14, 2005
Attention Apple Legal Dept: LuxPro debuts blatant ‘iPod shuffle’ rip-off called ‘Super shuffle’ – March 10, 2005
I see. So if I put a new 2005 Durango SLT shell on my 1960 VW Beatle, there ain’t nothin Chryser can do about it? I better get saving.
So patents don’t cover appearance eh?
This guy is speaking out of his ass!
What is the pont of having a patent if it dosn’t cover appearance??
That whole patent system is a joke if this is the case! – It does not protect any businesses products/assets.
I tell you what – I think I will bring out a games console exactly like the Xbox and call it the ibox!
WHAT A JOKE! – THIS GUY IS GONNA GET SUED BIG TIME!
Yeah, as soon as someone does something against Apple, people start complaining. Get over it for god’s sake. It’s a free country, and even if it is patented, it’s useless, and maybe Apple can learn to implement an FM tuner and the ability to play WMAs, otherwise I’m staying with Creative. Most online music stores only sell WMAs, not ACC or MP3 because the compression is better and the quality higher.
SJ: “Release the ninjas!”
This should be fun to watch.
If that’s his defense, the case should take all of five minutes.
norman,
Get your head out of your ass.
America may be a ‘free’ country, but that doesn’t mean we can do whatever the hell we want, whenever we want. Oh, and by the way, China is a Totalitarian State hiding behind a Socialist facade. Get over it.
Go troll somewhere else. Dickhead.
This is better than pay-per-view! I wanna see Apple kick some serious Luxpro ass!
I’m astonished by this company.
Not only did they blatently copy the iPod and its’ name. They copied the marketing materials and visual branding as well. This is a very bold move. They must think as a Chinese company they are beyond Apple’s reach or that they can sell enough in China before they get shut down to make a nice profit.
There is no way that Apple will tolerate this. The papers are being drafted right now and it will not take long for Apple to sue.
God I would hate to work for a company that has so little pride that it so blatantly copies another product. Have they no shame?
Pictures of the E-machines/Daewoo knockoffs here.
Oh but I WOULD like to see voice recording and FM added to the shuffle. That wouldn’t be copying would it?
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oops, forgot to add the e-machines/daewoo knockoff link.
http://www.theapplecollection.com/design/pcreleased/E-Power.html
On my visits to China, I was shocked to see the colored CRT iMac clones in the windows of stores. Same shape and colors w/a little different appearance on the face. Win$in OS in Chinese. This was four years ago.
I heard that “you can’t patent an idea, just the expression of an idea”. If this is true, they look like the same expression to me!
Wow, is Wu wrong. In the USA, you certainly can patent design:
http://www.uspto.gov/web/offices/pac/design/toc.html#differ
I’ve seen all manners of items having their designs patented.
Of course that is only for USA, and I don’t know how it is affected by international patent treaties.
Who gives a toss about Chinese law? This is a Taiwanese company, and as Taiwan (China Taipei, if you wish) are a member of the WTO, they are bound by it’s rules.
Silly buggers will be protesting all the way to bankruptcy court.
Function is patented.
Design is copyrighted.
Both are protected under law, especially if something similar is created to confuse the consumer in the same market, as is in this case.
What is not covered is if I wanted to do “a Warhol” and use the image of an iPod as the theme in a painting or sculpture. My image of an iPod in the art is not competing with the market of the iPod as a music player. Similarly, if I wanted to make a car that looked like and iPod or a music player that looked like the VW Beetle, that would be okay (as long as no one else has done it already).
To make a music player that looks like an iPod music player IS AGAINST ALL INTERNATIONAL COPYRIGHT LAWS!
if those rip-offs can have an FM radio built in, then why not the original?
hmmmm.
Actually, the way to screw this guy is not to stop him now – but when he’s blown his marketing budget, and produced a truckload of his “Super Shuffles”.
Then injunct his ass and impound his goods.
Do it now and he’s got a load of publicity for his tinpot company. Do it my way, and he might not have a company.
See – never annoy a Jew of Middle Eastern extraction.
normangerman – get over it? As an Apple shareholder I fully expect the company to protect its R&D investment and look out for my financial interests. Without Patent & Copyright protection companies wouldn’t risk millions on research.
Okay let me make a duplicate car that looks like a Porche 911 and call it Super Porche and see how long I last. I’m afraid there in for a big dissapointment in court. Not only does the appearance of this ripoff cause issues but so does the duplicate name and advertisement poster.
If appearance isn’t against the law then everyone would be selling super iPods and Super iMacs and duplicate everyone elses products.
There would be no one doing R&D anymore. Let’s just copy there product and call it super whatever. This guy is a real maroon!
What’s with wanting FM on a shuffle? There’s no screen so how are you going to see what station you’re tuning to? The shuffle’s capacity is only at most 1 gig, it’s used for short outings like the gym or a short drive somewhere. If you want to go to the gym and the tunes on your shuffle aren’t enough to keep you occupied why not just get a small radio? It’s a lot cheaper.
Every time I hear “why can’t it have FM” for iPods I shudder. The whole idea of the iPod (for me anyways) is to have your music with you so you don’t have to listen to the crap on the radio. I don’t need to hear the same song 50 times, I don’t need commericals, and I don’t need annoying corporate DJs
normangerman:
I *know* one is not supposed to feed the trolls, but just in case you actually believe what you say, I present the following *independent* test data note that WMA is a steady last place performer. Anyone surprised by this?:
<http://www.rjamorim.com/test/multiformat128/results.html>
My only surprise is that WMA and ATRAC arn’t a little closer as they challenge for the worst of class.
He’s correct. Patents do not cover the appearance of a product. Just like the tort of burglary does not cover my liability to you should I decide to punch you in the face, and nor does the tort of battery protect you if I choose to rob your house in the middle of the night.
Theoretically, it could be either copyright or trademark law that will do the trick. The statement reminds me of the joke about a helicopter pilot on a foggy day coming across the Microsoft campus: it is a technically correct but practically meaningless statement.