In this latest edition of Law & Apple, we learn that sometimes a lawsuit is really just a fancy marketing promotion. Also, the age-old question of "After I die, what happens to my likeness?" is threatened, bluffed, and, depending on where you live, clearly unanswered.
Want the latest on Apple’s legal adventures? Cue the “dun dun” and let’s go!
Last week we found out that Kodak was headed toward bankruptcy unless they found some miracle solution to reverse their fortunes. While we were all a little saddened by the news, few of us expected that Kodak’s next move would be to sue Apple and HTC for patent infringement. Apparently unable to surprise the world with new innovations, Kodak went the route of the surprise lawsuit.
Eastman Kodak brought the new lawsuits Tuesday in the Western District of New York, claiming that both Apple and HTC violated up to five different Kodak patents regarding digital imaging.
Now with Apple-Busting Power!
While this lawsuit will most likely result in Apple and HTC working together (what?) to fend off Kodak, the bigger picture of what this lawsuit is about shouldn’t be missed. As FOSS Patents points out, Kodak has been trying to sell off it’s patent portfolio for a while now, and this lawsuit is likely nothing more than an attempt to show the value of those patents to a potential buyer. When Nortel sold off their patent portfolio at a bankruptcy auction the bidding was fierce, and the final price tag was $4.5 billion. If Kodak can demonstrate that its portfolio is strong enough to sting Apple, and that portfolio goes up for auction, we can only wonder how high the bidding will go.
If you had your hopes up to snag one of the super-realistic, super-creepy, Steve Jobs action figures the web was all a flush with last week, well, get your credit card ready. For better or worse, it appears the doll will be on sale in just a few weeks.
Once the plans for the doll were released by the Chinese manufacture In Icons, Cupertino sent a cease-and-desist order claiming that "any toy that resembles the technology company’s logo, person’s name, appearance or likeness of its products is a criminal offense." Apple lawyers cited California Civil Code Section 3344 which address the use of a person’s name, likeness, voice, or signature without their prior consent. The protection lasts through the entirety of a person’s life and for 70 years after their death.
You can't stop me, Apple. You can only hope to contain me.
However, it appears that Apple's lawyers were bluffing, and In Icons is not biting. There is no federal law regarding the use of a celebrity likeness after death. At the state level, California is one of only a few states that protect "personality rights" after death; the others are Indiana, Illinois, Texas, Connecticut, Georgia, Florida, California, Ohio, Virginia, Washington, New Jersey, Nevada, Nebraska, Kentucky, Tennessee, and Oklahoma.
All thirty-eight other states have no such protections, and the cool-but-creepy Steve Jobs doll will be available there in February. Will you get one? If you do, take a picture of it with your Kodak and send it to us.
Adrian writes the weekly Law & Apple column for MacLife.com. You can follow him on Twitter or subscribe to him on Facebook, if you want to.
Rob_flo
January 13, 2012 at 12:58pm
It's a startling proposition that Kodak is litigating against Apple and HTC as part of a 'sales and marketing effort' for their IP. For a company on the verge of filing for bankruptcy protection it's an incredibly high-risk manoever to go after two parties who themselves are ruthless operators in the IP wars. If the petitions are not successful then it will it hit their shallow pockets, reputation and efforts to cash in their IP
