Luxpro Technology, a digital media player manufacturer which successfully defended a lawsuit from Apple Computer over an imitation iPod shuffle, said Wednesday it now plans to countersue the iPod maker for $100 million in damages.
In March of 2005, the Taiwanese company created quite the ruckus when it began showing off a near carbon copy of Apple's first-generation iPod shuffle during the CeBIT technology show.
Luxpro originally called the player the "Super Shuffle" but upon making the device available for sale changed the name to "Super Tanget." Nevertheless, it was nearly identical to Apple's original flash-based player in size, shape, color and weight.
Luxpro allegedly knocks off Apple's product, gets taken to court, gets nailed, gets the verdict reversed on appeal, then sues Apple for preventing the sale of what allegedly sure looks to me like alleged knockoff alleged products. Such brazenness just takes your breath away.
[Taiwan] [Apple] [iPod] (hat tip to J at wtt).
Luxpro was not infringing an Apple patent or trademark. Apple sued for 'unfair competition'. That is fine and dandy, and I'd have done the same thing as Apple. Problem is, getting an injunction in this kind of case is a very risky move: lose the case and you have opened yourself up to this kind of counter-suit. Save the injunctions for cases that are ironclad- not some case where your main argument is "his product looks just like mine".
ReplyDelete