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Comment by somecoolguy | Hacker News Reader

Dude, it technically is illegal to sell replica mp3 players. So the company had every right to shut him down. He's lucky he didn't get sued anyway.

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You could be right, 'cuz I don't know the legality of "selling an mp3 player that looks like that mp3 player some other guy sells" and certainly not in Australia. However, I mean the use of the legal system as intimidation instead of arbitration, which is what happened here.

You can be sued if your product looks too much like another product that has, in part, been trademarked or otherwise protected. You can also be sued for "passing off" under some trade practices laws.

If you look at the pictures, they look very similar indeed to the Major Manufacturer's product. In their position I'd do the same thing.

IANAL, TINLA, and in particular I never got around to studying this area of law.

IANAL, TINLA either, but I don't think you can trademark product design. If anything copyright law is applicable.

You can get a trademark on a product as trade dress

You have to have a design patent to protect the "shape" of a product. They look a little like iPod nanos, but can Apple really protect ANY small rectangular metal music player?

If it could reasonably be mistaken for an iPod nano, then yes, a design patent covers it.

(I can't see the image of his player because it won't load for me)

> If it could reasonably be mistaken for an iPod nano

It looks like a shuffle, with buttons replacing the wheel (nano would need a screen and be far more expensive)

> (I can't see the image of his player because it won't load for me)

http://imgur.com/s2v8A

I would expect Apple, more than any other tech company, to hold a plethora of design patents.

I mean the use of the legal system as intimidation instead of arbitration

They gave him a chance to stop before he had to spend any money on court. That's a good thing, not bad!

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