Apple halts sale of unauthorized Steve Jobs ‘action figure’

“Just two days after sales began, the epic Steve Jobs (action) figure that promised instant holiday joy for hundreds of Macheads has been halted on command by Apple,” Ray Basile reports for iPhone Savior. “The detailed Jobsian likeness, standing upon an Apple logo platform, was originally sold for US$79.90.”

Basile reports, “On Tuesday, a law firm representing Apple, Inc. issued an official C & D order to M.I.C. Gadget requesting that the wildly popular news site immediately cease the marketing and sale of their Steve Jobs figurine.”

Full article here.

MacDailyNews Take: ‘Tis that Apple logo he’s standing on that’s likely the biggest problem.

[Thanks to MacDailyNews Reader “Jax44” for the heads up.]

30 Comments

  1. Other articles indicate that Apple is using California’s Celebrity Rights Act, #3344, which does require ‘damages’ to the claimant. I’m not a lawyer, but I can’t, unless Steve was planning to release his own version of such a doll, make out how Jobs is or was damaged in any way by the sale of this figurine.

  2. If this upsets Steve I am disappointed. Has he know sense of humor? What possible harm can it do to Apple? it glorifies the man. Folks buying this are SJ fans and he looks petty worrying about such a small thing. Apple is getting more like MS everyday. Just sad.

  3. It is possible to trademark one’s likeness. When the U.S. Postal Service came out with a W.C. Fields commemorative stamp in 1980, the deceased-celebrity agent representing Fields’ heirs forced the Postal Service to pay a licensing fee.

    It’s more likely that the cease-and-desist letter regarding the Jobs’ figurine is based on the use of the Apple logo. However, Jobs could trademark his appearance, as can any anybody.

    I would trademark my own if I thought there was any market for Mark Armstrong posters, action figures, or masks.

  4. Apple cited a California civil code that prohibits using any person’s likeness without consent. Well, BITE ME. If the individual is a notable figure in the public eye, it is fair-use to sell a figurine or “action figure.”

    The company should just not sell them into California. Then Apple will have to find some basis in Federal law since Congress has sole jurisdiction over interstate commerce.

  5. The logo is definitely a problem and why Apple itself took action.

    However, you’re not allowed to use a celebrity’s likeness without consent. If the action figure happened to look like someone off the street, no problem, but a known celebrity is a problem.

    Steve Jobs qualifies as such, which the sole purpose of the product. Had Steve Jobs ran for or held political office, then the product (sans Apple logo) would be fine.

    Why they chose to use the Apple logo and invite the action against them is beyond me.

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