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Apple lawsuit reveals most chargers sold on Amazon are fake

Apple has filed a lawsuit against Mobile Star LLC for manufacturing fake Apple chargers and cables and passing them off on Amazon as authentic goods. According to the details of the lawsuit posted by Patently Apple, Cupertino bought and tested…

Apple Files $2 Million Lawsuit Against Firm Selling Dangerous Knockoff Chargers and Cables

Apple has filed a lawsuit against Mobile Star LLC, accusing the firm of infringing upon its registered trademarks and copyrights by selling counterfeit 5W USB Power Adapters and Lightning to USB cables on Amazon and Groupon, according to court documents published electronically this week.

Apple said the counterfeit power products pose a significant danger to consumer safety because, among other things, they lack adequate insulation and/or have inadequate spacing between low voltage and high voltage circuits, creating risks of overheating, fire, and electrical shock.

The safety of Apple’s customers is of paramount importance to Apple, and Apple devotes significant resources to ensuring its power products meet industry safety standards and are subjected to rigorous testing for safety and reliability. Apple brings this suit to stop Mobile Star from any further distribution of counterfeit Apple products to the public.

The legal complaint says the products, shipped and sold by Amazon through its Fulfilled by Amazon program, were listed as genuine Apple products, often using the company’s copyrighted marketing images. Apple said Mobile Star’s counterfeit products hurt its sales and damage its reputation.

Apple determined at least a portion of Mobile Star LLC’s chargers and cables were counterfeit upon purchasing them as part of its routine efforts to combat the distribution and sale of knockoff products. It then alerted Amazon, which subsequently removed Mobile Star’s selling privileges.

Takedown notices are standard procedure for Apple, which found that almost 90% of so-called genuine Apple products and accessories it purchased from Amazon over the last nine months were actually counterfeit.

Over the last nine months, Apple, as part of its ongoing brand protection efforts, has purchased well over 100 iPhone devices, Apple power products, and Lightning cables sold as genuine by sellers on and delivered through Amazon’s “Fulfillment by Amazon” program. Apple’s internal examination and testing for these products revealed almost 90% of these products are counterfeit.

Apple went one step further and filed a lawsuit in this case because it said Mobile Star’s distribution of counterfeit Apple products is “ongoing” and extends beyond Amazon, including Groupon and direct sales. Mobile Star has also allegedly failed to cooperate with Apple upon being contacted.

Mobile Star’s distribution of counterfeit Apple products is ongoing and extends beyond as shown by Apple’s purchase of 10 counterfeit Apple products directly from Groupon in December 2015. […]

In addition, an Apple investigator recently purchased counterfeit Apple EarPods headphones and Lightning cables directly from Mobile Star, showing that Mobile Star is brazenly continuing to sell counterfeit Apple products even after learning that Apple was on to it.

Apple is seeking damages of up to $150,000 for each registered copyright infringed, in addition to damages of up to $2 million per trademark infringed. Apple has demanded a jury trial in the case, titled Apple Inc. v. Mobile Star LLC, in the U.S. District Court for the Northern District of California.

Tag: lawsuit

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Porn sites blocked California users today to protest proposed law

Several porn websites have a new tactic to alert their electorate living in California: Blocking them. On the ballot next month is proposition 60, which would require adult performers to use condoms for all videos made in the state. If they don’t, th…

Apple Set to Battle Class Action Lawsuit Over Labor Code Violations Starting Tomorrow

A class action lawsuit filed by four former Apple retail employees over alleged California Labor Code violations commences tomorrow in San Diego Superior Court.

A civil jury trial is scheduled to begin Tuesday at 9:00 a.m. local time in a courtroo…

Original PS3 owners can file claims in the 'Other OS' lawsuit

After more than six years, Sony agreed to pay out millions to settle the class-action lawsuit surrounding its removal of the “install other OS” feature from the PS3 in 2010. Now owners of the original version of that console can file claims. A settle…

Theranos faces lawsuit from a major investor

When Theranos founder Elizabeth Holmes announced that the company was shifting its focus, she said her team is lucky to have investors who believe in its mission. But there’s at least one major investor who doesn’t, and it has already sued the contro…

Three Law Firms Join Lawsuit Against Apple Over iPhone 6 'Touch Disease'

Three additional law firms have joined a class action lawsuit against Apple over an alleged defect that causes iPhone 6 Plus touchscreens to become unresponsive and fail.

Back in August, reports began appearing from iPhone 6 owners describing an apparently latent manufacturing issue that causes a flickering bar to appear at the top of the screen and the display to become unresponsive or less responsive to touch.

A week later, three iPhone 6 owners filed a complaint with the U.S. District Court of Northern California after their devices presented symptoms of the problem – dubbed “touch disease” by repair website iFixit – which Apple has yet to publicly acknowledge.

Yesterday, Motherboard reported that lawyers who filed the class action complaint earlier this fall have now signed on three additional law firms to support their case, while an additional class action lawsuit related to the issue has been filed against Apple in Utah.

Richard McCune, an attorney in the California case, said he has been contacted by 10,000 people asking to join the suit, which accuses Apple of violating the state’s consumer fraud statutes, negligent misrepresentation, breach of implied warranty, unjust enrichment, and other consumer act violations.

The “touch disease” flaw is thought to be caused by the touchscreen controller chips soldered to the iPhone’s logic board losing contact after a period of normal usage, because of Apple’s failure to incorporate a metal shield. So far, Apple has refused to repair the out-of-warranty iPhones without charge when the defect manifests. Worse, replacement refurbished handsets costing owners $329 have reportedly shown symptoms of the same problem within days or weeks of being issued.

Repair experts believe it is due to a fundamental issue with the design of the iPhone 6 that was fixed for the iPhone 6S. Motherboard also claims five separate current and former Apple Geniuses have confirmed that Apple is aware of the problem but will not tell customers about it.

However, Apple’s filed response to the most recent Utah complaint appears at least to signal an awareness of the issue and the company’s lawyers have requested an “extension of time to respond to the Complaint” and asked that the Utah and California cases be combined into one.

Given the similarity between the [Utah] and [California] actions, it would unnecessarily tax judicial resources if these actions were to proceed in separate class action lawsuits—especially where the [Utah] and [California] Plaintiffs purport to represent the same putative class of all consumers who purchased an iPhone 6 or 6 Plus.

On Friday, McCune filed an updated lawsuit against Apple that includes several new plaintiffs and adds three separate law firms to the legal battle. “Each of the firms (who had their own clients) brings strength to the case, including Stephen Larson of Larson O’Brien, who is a former Federal Judge,” McCune told Motherboard. “With these firms working with us, we believe it gives us the best chance of obtaining a positive result in the case for the owners of the phones.”

Tag: lawsuit

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Silicon Valley bro sues Yahoo for reverse discrimination

This week hasn’t been particularly kind to beleaguered internet company Yahoo. CEO Marissa Mayer, former chief marketing officer Kathy Savitt and editor-in-chief of Yahoo News Megan Liberman have been accused of engaging in gender discrimination. Acc…

Apple's $120M patent victory over Samsung reinstated on appeal

Once again, the tables have turned in the Apple vs. Samsung patent saga. Back in February, a US circuit appeals court overturned the $120 million victory awarded to Apple way back in 2014, claiming that Samsung didn’t infringe on patents for swipe to…

States sue to block White House plan for internet transition

If you thought the battle over whether or not the “keys” to the internet would be handed over to an international governing body might be over quickly, we’ve got some bad news. Attorneys general from Texas, Arizona, Oklahoma and Nevada filed a lawsui…

Tesla sues Michigan over law prohibiting direct sales

Tesla is suing the home of the auto industry. The electric car manufacturer started litigation against Michigan Governor Rick Snyder today over a law that prohibits the automaker’s direct-sale model in the state, according to a report from Reuters. T…

Curt Schilling to repay a fraction of $75 million game loan

The saga of former Boston Red Sox pitcher Curt Schilling’s 38 Studios, the state of Rhode Island and an awful lot of money might finally be over. At the end of July, it was announced that 38 Studios wouldn’t face criminal charges for a failed $75 mil…

Samsung sued after Galaxy Note 7 explodes in pocket

With all those reports about Note 7s burning flesh and setting vehicles on fire, you’re probably wondering when you’ll hear about a lawsuit. Well, here you go. A man from Florida named Jonathan Strobel has filed a lawsuit against Samsung over an expl…

Sex toy maker faces class action lawsuit over tracking

If you were creeped out by the thought of a sex toy creator collecting data about your usage habits, you’re not alone. An Illinois woman has filed a class action lawsuit against the We-Vibe 4 Plus’ creator, Standard Innovation, for allegedly violati…

Playboy's legal victory could change your freedom to link

A European legal battle may have just set precedent for when you can and cannot link to material without permission. Playboy’s Dutch publisher Sanoma sued commercial media site GeenStijl to take down links to their photos of a TV celebrity, claiming…

Amazon, Apple and Google back Microsoft fight over US gag orders

Microsoft isn’t going it alone in its lawsuit fighting gag orders for data requests. Amazon, Apple, Google and Mozilla have contributed to a friend-of-the-court brief supporting Microsoft’s case against the US government over the Electronic Communica…

Lindsay Lohan's 'GTA V' suit against Rockstar Games dismissed

After a lengthy legal battle against Take-Two Interactive, Rockstar Games’ parent company, Lindsay Lohan’s case has been dismissed.

Monster's lawsuit against Beats gets thrown out

Many would tell you that Monster’s lawsuit against Beats and HTC faced long odds from the get-go… and sure enough, it’s falling flat. A Los Angeles court has summarily dismissed the case, which accused Beats of making sketchy deals in order to bot…

Court tosses federal lawsuit over AT&T's data throttling

The FCC may be having some success hauling AT&T out on the carpet for throttling unlimited data plans without clear warnings to customers, but the FTC isn’t so lucky. A Ninth Circuit appeals court has tossed out the FTC’s lawsuit against AT&…

Apple Faces Class Action Lawsuit Over Unresponsive iPhone 6 Touchscreens

Thomas Davidson of Pennsylvania, Todd Cleary of California, and Jun Bai of Delaware have filed a class action lawsuit against Apple over an alleged defect that causes iPhone 6 and iPhone 6 Plus touchscreens to become unresponsive and fail, according to court documents filed electronically this week.

The class action complaint, filed with the U.S. District Court for Northern California, accuses Apple of violating California’s consumer fraud statutes, through fraud, negligent misrepresentation, breach of implied warranty, unjust enrichment, and for violations of the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warranty Act.

Apple has long been aware of the defective iPhones. Yet, notwithstanding its longstanding knowledge of this design defect, Apple routinely has refused to repair the iPhones without charge when the defect manifests. Many other iPhone owners have communicated with Apple’s employees and agents to request that Apple remedy and/or address the Touchscreen Defect and/or resultant damage at no expense. Apple has failed and/or refused to do so.

As a result of Apple’s unfair, deceptive and/or fraudulent business practices, owners of the iPhones, including Plaintiffs, have suffered an ascertainable loss of money and/or property and/or value. The unfair and deceptive trade practices committed by Apple were conducted in a manner giving rise to substantial aggravating circumstances.

The complaint, lodged by California law firm McCuneWright, LLP, seeks an order that requires Apple to repair, recall, and/or replace affected iPhones and to extend the warranties of those devices for a reasonable period of time. The plaintiffs also seek unspecified damages. A jury trial has been demanded.

The lawsuit cites repair website iFixit, which last week shared a blog post and video about the defect, nicknamed “touch disease.” The defect presents as a gray flickering bar at the top of the screen and a display that’s unresponsive or less responsive to touch. The problem is said to be caused by the touchscreen controller chips soldered to the iPhone’s logic board losing contact after a period of normal usage.

The complaint specifically claims that Apple’s failure to incorporate a “metal shield” or “underfill” over the logic board, as it did with the iPhone 5s and iPhone 5c respectively, makes the iPhone 6 and 6 Plus “substantially less durable to foreseeable and reasonable use by consumers and ultimately causes the touchscreen defect.”

iFixit said the defect has affected a growing number of iPhone 6 and iPhone 6 Plus owners, citing its own repair shop colleagues and dozens of complaints on the Apple Support Communities. Multiple customers who brought their iPhones to Apple Stores were told that Apple doesn’t recognize it as an issue and nothing could be done as their iPhones were no longer covered by warranty.

Related Roundup: iPhone 6s
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