

Apple: No More Free Apple Product Giveaways or Promotions - basseq
http://www.pcmag.com/article2/0,2817,2386303,00.asp

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basseq
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"?

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huxley
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.

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basseq
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.

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seasoup
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?

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huxley
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

