Apple: No More Free Apple Product Giveaways or Promotions | Hacker News Reader

Apple: No More Free Apple Product Giveaways or Promotions

pcmag.com

5 pointsbasseq5 comments

I wonder if this is designed to crack down on those insipid "Free iPad!" ( If you sign up for 100 offers) sites. Considering the number of giveaways of Apple products, driven by their rating as a very desirable prize, this seems to be a little ridiculous and unenforceable on its face.

I'm also wondering about the legal issues. Where has anyone agreed to Apple's "Guidelines for Third Party Promotions"?

Since these are Apple's trademarks, they would probably argue that unauthorized use of the trademarks in promotions is actually legally enforceable.

So as I understand it (IANAL) you don't agree to Apple's guidelines in order to give away the products, you agree to the guidelines in order to be able to use the trademarks in your promotional material.

I feel like you would make normal trademark infringement claims against promoters who abuse your trademarks by implying your company's support.

Association with "unsavory" products or services is probably the root impetus here, given Apple's reputation. Hence my conjecture about those pyramid-scheme sites.

On the rational side, if Apple's brand isn't hurt, then it's win-win: they a) get paid retail for the product, b) get free marketing, and c) get the long-tail benefits (e.g., iTMS sales margin) from the end-user.

Is this even enforceable? Once you've purchased something you can give it away with whatever offer you want. Can someone with a legal background comment on whether apple has any legs to stand on with this argument or if it's just blowing smoke?

I don't think Apple can stop you from giving an iPad away, but as I mention below, Apple might have some grounds to stop you from using their trademarks to promote your giveaway.

I suspect that like basseq says, the real target are those annoying web ads that promise free iPads if you click on them.

An example, one option that came up when we were discussing gifts for our non-profit's upcoming conference was to give away iPads.

If we did go with the iPads as gifts, we would just be giving them as gifts for the winners of research competitions (ie a gift-wrapped package), not as a way to promote the organization. In that circumstance, there probably wouldn't be any problem giving the iPads to the people and no legal issue would arise.

However if we were using the Free iPad offer as a way to promote the organization (ie in advertising, a banner or in our printed promotional material), we might get a cease-and-desist letter asking us to not use their trademark. And they might have a leg to stand on there.

edit: added some clarifying details

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