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  • LuxPro Rips Off iPod then Sues Apple


    Back in 2005 LuxPro ripped off the iPod Shuffle with their "Super Shuffle." The look and operation was almost identical to the iPod Shuffle along with the specs.

    Apple responded by getting an injunction in Taiwanese court preventing LuxPro from making, distributing, or selling any MP3 player. This was later over ruled in 2007 allowing LuxPro to produce MP3 players again.

    Now LuxPro has decided to sue Apple with claims that Apple holds a monopoly in the digital music player market and abuses power to keep competition from being successful.

    According to the lawsuit when Apple's injunction against LuxPro was approved in 2005 Apple " . . . sent warning letters to other companies doing business with Luxpro demanding that they cease doing business with Luxpro." "For example, Apple placed significant pressure on InterTAN, a subsidiary of U.S.-based consumer electronics giant Circuit City (NYSE: CC), to drop Luxpro's MP3 players from its retail shelves."

    The Lawsuit is for a rather small amount of $75,000. Does LuxPro have any chance of winning this? I don't know. What I do know is a simple equation. Rip-off an Apple product and Apple will destroy you.

    [via informationweek]
    This article was originally published in forum thread: LuxPro Rips Off iPod then Sues Apple started by Cody Overcash View original post
    Comments 26 Comments
    1. dale1v's Avatar
      dale1v -
      They won't win. Guaranteed.
    1. Ale_lock's Avatar
      Ale_lock -
      Question is, how was it over ruled?! o.0
    1. 461am's Avatar
      461am -
      Even if they don't, I think they're in the right. Apple has no right to exert pressure in that way.
    1. PlatoTheForms's Avatar
      PlatoTheForms -
      I don't think LuxPro has a good chance of wining this...oh and why did'nt Apple sue Microsoft for vista? lol
    1. Iman07's Avatar
      Iman07 -
      i hope they win. its not like that have a patent for the ipod shuffle, do they? if they do, then how did they over rule it?
    1. haibane's Avatar
      haibane -
      luxpro will probably be hit with a patent infringement lawsuit or at least I hope.
    1. ybahman's Avatar
      ybahman -
      The ipod shuffle's design wasn't exactly innovative.
      And it certainly didn't come with any advanced features or hardware to patent.

      There were only 2 things special about the shuffle:
      The only thing that was significant about the shuffle was its lack of features. I don't know if you can patent a lack of features...

      And

      People could actually afford an apple product.


      that being said... i dont know if apple will win this one.

      but hell lawyers dont go to school for all that time for nothing.
    1. sikdaz's Avatar
      sikdaz -
      lol luxpro lost already...
    1. rdwalsh's Avatar
      rdwalsh -
      A Patent is a patent, regardless on what it is for. Apple has always been cutting edge in their concepts and designs, and a lot of other companies use this to fuel their products conception. Web designers do it all the time, advertising agents, etc.

      The issue is not a fact of Apple Monopolizing a market, you own a patent, you can do what you want. Regardless if it trumps someone elses business. Apple spent money on making the design, apple spent money on staff researching and developing the concept of the shuffle. They released a product, and it was duplicated. So in the end, Apple has every right to sue, contersue, employ methods of purchasing discouragement. It is their product, they can do with it as they please.

      In all legal terms, if the concept is the same, they can offer to sue. It is up to the proceeding trial court to decide if an infringement is indeed the case. In the initial case, that is what was decided. So that is where it stands, it can be overruled based on new information provided if the court is willing to reopen the trial.

      It goes very similar with Apple's battle in Canada to market the term iPhone.
    1. tattoojack's Avatar
      tattoojack -
    1. ultimatexpka's Avatar
      ultimatexpka -
      Quote Originally Posted by Emelin27 View Post
      I don't think LuxPro has a good chance of wining this...oh and why did'nt Apple sue Microsoft for vista? lol
      cuz microsoft has way more money then apple, they are still leading
    1. Sparblaze's Avatar
      Sparblaze -
      Quote Originally Posted by Emelin27 View Post
      I don't think LuxPro has a good chance of wining this...oh and why did'nt Apple sue Microsoft for vista? lol
      Microsoft is such a big company that would be a hard case. Apple does file a lot of patents though, but they want people to see how Microsoft copies their ideas. [ame="http://www.youtube.com/watch?v=N-2C2gb6ws8"]Apple WWDC 2006[/ame]
    1. tudtran's Avatar
      tudtran -
      I think Apple should pay LuxPro the money and settle this out of court. I pretty sure Apple can afford $75,000. This wasn't a pattern violation. I hope Apple doesn't turn into Walmart. Killed all the small business.
    1. zoolander369's Avatar
      zoolander369 -
      Apple=Walmart???

      Scary
    1. lillewis51's Avatar
      lillewis51 -
      im pretty sure they are going to lose but they are right by suing apple for this. they are taking it way to far
    1. ajrulez's Avatar
      ajrulez -
      I guess LuxPro might win this "monopoly" related lawsuit; if not win, then at least get a decent settlement out of it. If they (LuxPro) have any documentation\evidence that Apple asked even one single company to stop dealing with LuxPro, they'll have the upperhand.

      As for iPod Shuffle patent - I don't think it is patented. Apple doesn't make majority of the hardware, if any, for iPods. Design...hmm I don't know, it's definitely "patentable" but who knoes

      Cheers
    1. b3nny's Avatar
      b3nny -
      Quote Originally Posted by tudtran View Post
      I think Apple should pay LuxPro the money and settle this out of court. I pretty sure Apple can afford $75,000. This wasn't a pattern violation. I hope Apple doesn't turn into Walmart. Killed all the small business.
      i think this is the reason why the number is so small. they probably want to settle out of court to. and pocket a bunch of dough easily.
    1. WillyDavidK's Avatar
      WillyDavidK -
      Honestly, I don't see how anyone can side with LuxPro on this. Those products are almost identical to Apple's. It' as if they did this specifically to challenge Apple. There is the same number of buttons, in the same location, with the same labels, in the same layout. There is a usb port with a plastic cap on the bottom in the same spot, and the dimensions are very similar.

      Seems to me it would have been much simpler for luxpro to, say, come up with their own design. Sure the IC and circuitry is probably their own, but honestly, how complex is the engineering in a 512MB usb mp3 player? They couldn't change the design at least a little?
    1. Dash-2's Avatar
      Dash-2 -
      Sorta off topic, but I guarantee you Circuit City is going to close soon:

      CC: Summary for Circuit City Stores, Inc. - Yahoo! Finance
    1. headlesslizard's Avatar
      headlesslizard -
      Quote Originally Posted by Dash-2 View Post
      Sorta off topic, but I guarantee you Circuit City is going to close soon:

      CC: Summary for Circuit City Stores, Inc. - Yahoo! Finance
      That doesn't look good...