LuxPro defies Apple over Super Shuffle

You knew it was going to happen: Stevie J. unleashed the lawyers on LuxPro, makes of that eerily suspicious-looking Super Shuffle flash MP3 player that turned up last week. Apple was actually able to convince them to remove all of the Super Shuffles in question from their booth at CeBIT—but then they put 'em back out the next day so that the weekend crowd (they must have figured that Apple's legal team doesn't work weekends) could peep them. Apple says they're "weighing their legal options." By now you probably know what that means.

[Lenny @ Dec 19th 2005 12:11AM]

If LuxPro's mp3 player costs a good $30 less than the iPod shuffle, I think they can indeed get some buyers....and you know what they say, "no publicity is bad publicity".

[semi @ Dec 19th 2005 12:11AM]

look how apple defends anything white with white earphones..
imagine if apple was windows and windows was apple, imagine the monopoly apple would've created..phew!

[Chris @ Dec 19th 2005 12:11AM]

semi, are you joking? This is the most blatant rip off of another product that I have ever seen. I thought it was fake when I first say it posted here.

[Joshua Ochs @ Dec 19th 2005 12:11AM]

Say what you will about Apple's design, legal team, etc, this is a clear rip-off. I can't imagine how they'll defend themselves - if there was ever a case of someone trying to make a profit off of someone else's design and marketing, this is it.

[Carmi @ Dec 19th 2005 12:11AM]

By the time this winds its way through the courts, LuxPro will have already made its money on this generation and will have moved on to the next. I guess this is the new way of doing business: violate copyright with the full knowledge that you can do so under the legal radar of your victim.

We may laugh because this is Apple. But what if you're a small company without such deep pockets, and you find yourself similarly victimized then? It's happening all the time, but mainstream media doesn't pay attention to small fry getting raked over the coals by copyright pirates.

Carmi
http://writteninc.blogspot.com

[leon jay @ Dec 19th 2005 12:11AM]

Does anyone realize that only Apple can replace the Shuffle's battery and it will cost you #106.95 per year? That's more than you paid for it! If I have this wrong please tell me at [e-mail]

[bob @ Dec 19th 2005 12:11AM]

luxpro is more famous than apple, now.
I think luxpro is smarter than apple.

The best part would be if they actually dont have the product.
can they they be sued for fake advertising?

[Ted @ Dec 19th 2005 12:11AM]

The real question is from a legal standpoint how does Apple sue these guys? They aren't a US company and if they don't sell this in the US, Apple is going to have to sue them in their own country which might go nowhere. Obviously Apple has to take a stand to defend their intellectual property and design, but Copyright and Trademark laws in the US don't necessarily apply overseas and in some countries our super protective laws are mocked all the time. I think Apple would have no trouble getting this product pulled from the US or European market if it ever shows up in those markets, but China is a HUGE market and even with the more friendly attitude in China towards US Trademark enforcement in recent years I imagine this company could make a bundle off these devices in China alone before anything is legally every done...

[transgeek @ Dec 19th 2005 12:11AM]

There can be no doubt that it's a blatant rip off. They even copied the marketing materials.They must think they can get away with it.

Remember when that Koren company copied the early iMac in a very similar fashion? Apple was able to get that shut down very quickly, but that was South Korea, this is China.

However, China has been trying to deal with issues like this to placate the west. The way that I see it, this would be a splendid opportunity for China to show their goodwill toward western IP concerns and shut this company down and get lots, and lots of buzz and positive press.

We'll see if the Chinese are sophisticated enough to see the opportunity.

[TheZodiac @ Dec 19th 2005 12:11AM]

ITs cheaper and it has an FM radio.... hahaha. iCrap.

[jk @ Dec 19th 2005 12:11AM]

I imagine that, even if Apple can't get the Chinese courts to stop LuxPro from making the knock off, they could get sales stopped in markets outside China.

[kevin @ Dec 19th 2005 12:11AM]

i would like to see someone fiddle with a FM radio without a screen. good luck. haha...

[red @ Dec 19th 2005 12:11AM]

They could sue in US under "trade dress" doctrine (remember iMac suit) ... but other countries don't recognize that doctrine

[dynamius @ Dec 19th 2005 12:11AM]

#8 "We'll see if the Chinese are sophisticated enough to see the opportunity."

given the fact that their economic boom started recently, i highly doubt China will bother with "western" concerns. why would anyone wanna do that if it'll benefit them? hell why would any country do something so it'll benefit another country rather than themselves? think about it. if the US was in that position, what would they do?

[Eric Lampi @ Dec 19th 2005 12:11AM]

Yeah but Apple is soooo much more innovative, than these Chinese dudes. You can like, totally tell it's not REALLY and Apple product... and that's like, soooo lame.

[jr @ Dec 19th 2005 12:11AM]

If it's not sold in the US or Europe, then apple has no ground to sue. This is strictly a trademark issue, no copyright - so most countries don't have to honor it unless Apple registered in each country.

As someone else pointed out - it is a tradedress ripoff - however their use of the words "shuffle" and "itrip" pretty much put them in clear violation of the mark itself.

[Scott @ Dec 19th 2005 12:11AM]

I see this as revenge for Apple messing with the bloggers. I hope Luxpro makes millions off this.

[freq @ Dec 19th 2005 12:11AM]

8#"The way that I see it, this would be a splendid opportunity for China to show their goodwill toward western IP concerns and shut this company down and get lots, and lots of buzz and positive press."

I guess they are very willing to do so if America doesn't stop China to unite Taiwan and then to stop the company in a legal way.

[IWood @ Dec 19th 2005 12:11AM]

Yeah, OK fine, but how 'bout putting some of those lawyers on an assembly line in China so I can get the frickin' Mini I ordered in January? Bastards.

[Dralt @ Dec 19th 2005 12:11AM]

If Apple can't stand the heat, they should get out of the kitchen.

Apple is a design and marketing outfit, that's what keeps them cool.
From a manufacturing standpoint, China can beat anyone at anything. 60% of manufactured products sold in the US are made in China. Really.

Who is the real deal? The design and marketing outfit that overcharges you or the original manufacturer that sells better hardware for less?

Lawyers can argue over it, I don't think consumers will.

[semi @ Dec 19th 2005 12:11AM]

supershuffle is prolly the same quality product (since the apple shuffle is also made in china)
it comes with fm and voice recording
and costs less

more of a reason for apple to sue than because of same design.

[Anca @ Dec 19th 2005 12:11AM]

I wonder how these guys got the design and marketing materials so quickly, and got a product to market? Did they steal Apple's design before Mac World? Are we looking at one of the biggest dangers of outsourcing (having your product designs stolen)?

[Thanol @ Dec 19th 2005 12:11AM]

All the components are made n China by independent companies, it wouldn't be that hard to procure all of them in a few weeks.

[B-Sabre @ Dec 19th 2005 12:11AM]

Ok first for you geographically-challenged posters: Luxpro is a company that is registered in Taiwan, not China. Two seperate jurisdictions.

Secondly, Apple has a Taiwanese-registered subsidiary called, suprisingly, Apple Taiwan. They even got a webpage: www.apple.com.tw

Expect Apple Taiwan to file suit in Taiwanese courts against Luxpro first.

[jr @ Dec 19th 2005 12:11AM]

Give me a break, it's a flash based mp3 player w/o a screen, encased in a simple white piece of plastic.

Any draftsman worth his salt could crank out a comparable design and slap it over an existing chip over lunch.

IMHO, if Apple had actually built a Break Through product, they may have had something to argue about (like ipod and ipod interface), but something as generic as the Shuffle? Give me a break, even in the US I think they'd have a hard time defending this one (aside from the trademark rip off - trade dress, that's a weak argument here)

[Eddie @ Dec 19th 2005 12:11AM]

Think Apple should start to move out their assembling plant from China! Huge mistake! They are the No. 1 Country in the world that produce counterfeit n pirates! If u c closely ipod shuffle made in CHINA! (Duh!) design in California. I guess factory(insider) in China must hv sell the design to make profits.

[Chris @ Dec 19th 2005 12:11AM]

"even in the US I think they'd have a hard time defending this one"

It would be hard to find a jury that didn't recognize this as an exact copy. I have no doubt that Apple has filed for a design patent on the shuffle. If this went to court it would be a slam-dunk victory for Apple.

[Dralt @ Dec 19th 2005 12:11AM]

Ummn, Taiwan is part of mainland China. I thought that was clear. Even Bush agrees.

They can sue all they want.

[Mark @ Dec 19th 2005 12:11AM]

Apple needs to trust its brand name. I suppose there is nothing like owning a product with the words "Apple" on it!

[Lawrence Sheed @ Dec 19th 2005 12:11AM]

Taiwan, HK (Hong Kong), and China are 3 different entities.

They all fit under the PRC thumb (although the rebel province Taiwan ;) disagree's on that point).

Each region has different rules of law, and regulations.

Taiwan is not China is not HK.

B-Sabre is totally right.

Now who's for the petition to return Taiwan to its orginal owners.... - the Dutch.

[CTracy @ Dec 19th 2005 12:11AM]

The shuffle sux. I checked one out at an Apple Store and I wouldn't pay $10 for it. Cheap, cheap, cheap. "OH MY GOD! IT SHUFFLES!" Puh-leeeze. More Apple brainwashing. And if Luxpro can add all that extra stuff, why couldn't the shuffle? AND WHY ARE BORING WHITE STICKS CONSIDERED COOL AND HIP!!!????

[john @ Dec 19th 2005 12:11AM]

I love my white stick.

[Hans Reiter @ Dec 19th 2005 12:11AM]

RE: Super Shuffle
This could be the 2nd Generation shuffle player since it has a radio.

[AznFX @ Dec 19th 2005 12:11AM]

i prefer yellow, john

can all those applites tell me how this copies apple? y cant people make white stuff? my computer case is all white, and they dont make them anymore, did they get sued by apple? it looked so much better than the box apple sells, looks fast just sitting there, like a bullet train, wish i could get a new one thats still white like my keyboard, good thing apple can sue microsoft, or is it b/c my keyboard has words on it like "My Computer" that makes it unsueable?

[Stephanie @ Dec 19th 2005 12:11AM]

Just though I'd mention that Taiwan is definitely NOT a part of China. Rip-off companies or not, they are Taiwanese =).

[Flindage @ Dec 19th 2005 12:11AM]

These comments regarding posters' personal opinions of the Shuffle ("how can Apple trademark white plastic?") are inane.

Apple designed the product. Whether you find it particularly innovative is irrelevant. LuxPro had at its disposal a bizillion different ways of creating the same product WITHOUT copying the EXACT way Apple did it. This was clearly done to confuse consumers (in China or wherever they plan to sell the thing) into thinking they were purchasing an APPLE product.

Moreover, very large coproations such as Apple register their products with INTERNATIONAL copyright restrictions. As long as the country creating the counterfeit is a party to the agreement, Apple can sue based on that copyright. Taiwan (which is still known as Taiwan, ROC or Republic of China) and China would not risk losing billions in manufacturing contracts to protect LuxPro. Imagine the thousands of companies that would no longer have their products built in Taiwan or China if they knew they were running the risk of having them stolen.

You might dislike or even hate Apple, but this product is a crystal clear RIP OFF of the Shuffle. Apple will secure an injunction based on this to prevent manufacture until a court has a chance to review the claim. It's unlikely this will even ever hit the market ANYWHERE.

[George @ Dec 19th 2005 12:11AM]

Mission accomplished for Luxpro. They are a small Taiwan company and like the majority of companies here they have no long term vision. It's all about short term profits. They could care less if the product they sell is a rip off or not. This is just another of a million other examples you see here on a daily basis, the only difference is this instance is that this is high profile.