Cast your minds back to November of last year if you will. The year was nearing its end, the weather was cold and wet and the white iPhone 4 was still refusing to put in an appearance. It was this distinct lack of whiteness that caused more than a few enterprising individuals to start online business selling kits for converting plain old black iPhone 4′s into the shiny new white ones we all lusted after. One such individual was Fei Lam from New York. The problem was Apple wasn’t so keen.
We reported back then that Lam claimed a private investigator had been in touch with him claiming to be working for Apple. Accusations of trafficking in stolen goods were made and the WhiteiPhone4Now.com web site disappeared. After that we heard nothing from either party. Until now.
Now it seems Apple Inc. has decided to go after Fei Lam with court documents showing the Cupertino outfit filed a lawsuit against Lam and his parents claiming infringement and dilution of its trademarks by selling conversion kits through the WhiteiPhone4Now.com web site. Interestingly though, Apple also filed a voluntary dismissal of the lawsuit at the same time. Did the two parties reach an out-of-court settlement over the matter?
Defendent Lam willfully and without authorization has used Apple’s trademarks in connection with the sale of his “White iPhone 4 Conversion Kits,” which among other things included white front and back panels with Apple’s logo and “iPhone” trademarks that are used in connection with the promotion and sale of Apple’s well known iPhone 4 handheld mobile digital electronic devices. Defendant at all times knew that Apple never has authorized the sale of white panels for its iPhone 4 mobile devices, and that he obtained these panels from sources that were not authorized by Apple or any of its suppliers to sell them.
Apple should start selling the conversion kits itself considering Fei Lam managed to bag a staggering $130,00 from his little venture before he pulled the plug. That’d buy more than a few top of the line 27″ iMacs right there!