Using "Apple" or "Mac" in ad

[jft135]

I'm going to run this by our attorney too, but I thought I'd check here. What are the pitfalls of saying something like "We repair Macs!" in an ad? We aren't Certified Apple Technicians. Has anyone heard of Apple suing companies that use their name this way? As far as I know it would be like a mechanic saying, "We repair Dodge, Chrysler, Subaru, etc." but Apple is also really defensive of their trademarks.

 

[phaZed]

I have stopped repairing Apple devices unless it is a software issue. Apple has been suing shops and individuals for using non-genuine Apple parts (Only avail from Apple). I'm pretty sure you can use the product names in advertising.. but the mere fact that you are not an authorized Apple Repair Shop means you are likely not getting genuine parts... which puts you in the "I can get sued at anytime" category.

https://www.techdirt.com/blog/wirel...-your-iphone-into-mythical-white-iphone.shtml
http://www.local10.com/news/federal-agents-raid-smartphone-repair-shops/19898110
http://ifixit.org/right
http://www.theregister.co.uk/2014/03/28/ios_repairs/

Will you get sued? Not unless Apple is out to make an example of you.

 

[jft135]

I have stopped repairing Apple devices unless it is a software issue. Apple has been suing shops and individuals for using non-genuine Apple parts (Only avail from Apple). I'm pretty sure you can use the product names in advertising.. but the mere fact that you are not an authorized Apple Repair Shop means you are likely not getting genuine parts... which puts you in the "I can get sued at anytime" category.

https://www.techdirt.com/blog/wirel...-your-iphone-into-mythical-white-iphone.shtml
http://www.local10.com/news/federal-agents-raid-smartphone-repair-shops/19898110
http://ifixit.org/right
http://www.theregister.co.uk/2014/03/28/ios_repairs/

Will you get sued? Not unless Apple is out to make an example of you.

This seems like there should be an antitrust violation somewhere.

I wasn't aware of the parts seizures. We don't do any iDevice repair, and the computers we work on are mostly software repairs or generic parts like HDD's and RAM. Anything else is either used or refurbished, but is pretty rare other than the HDD cables.

 

[altrenda]

Boy, Apple sure got a lot of mileage out of that one day of action by one Office of Homeland Security location. Any story I could find about Apple suing repair shops links back to this one event. Apple are surely the masters of PR. I can't find any other time they did this or any other action against these shops other than to have their counterfeit goods (marked with the Apple logo) confiscated.

Scared some people, but not many.

Look how many Mac and iPhone repair shops are in Cupertino, Apple's home town.
https://www.google.com/search?q=cup...me&es_sm=91&ie=UTF-8#q=cupertino+apple+repair

As long as you don't state that you are authorized, don't say that your parts are genuine, you should be OK.

Hell, iFixit sells parts and tools for Apple products on their site. Apple just booted their app from the App Store because they did a teardown of the new Apple TV before it was released, but they didn't sue them and it didn't stop them from doing a teardown of the new iPad Pro.

 

[Markverhyden]

Yep, it was all about scaring the shops. As mentioned this all revolved around them selling/using parts with an Apple logo when they cannot prove they obtained from an Apple ASP vendor. This kind of mis-branding stuff happens all of the time. Periodically some lawyer gets a hold of some corporate lackey and convinces them they are loosing bazzilions of dollars. Poo hits the fan in some limited fashion then back to business as usual. Minus the trademarked logo.

Now, in terms of using text on a web page. That can be possible. Some companies have no problem with a legit business, such as a tech shop, using their logos, brands, etc. Apple is very different. Basically if you are not an Authorized <something> you do not have permission to use the logo and other graphical images. Words is a different matter. You can use their terms like Apple, iMac, etc as long as you are not misleading the public into thinking that you are officially related to Apple in some form or fashion, such as an ASP. There is even a smart device repair place just outside an Apple store in a nearby mall.

This is the link to their legal stuff.

http://www.apple.com/legal/intellectual-property/guidelinesfor3rdparties.html

 

[callthatgirl]

I have a mac logo on my back window of my truck, figured....I'm promoting I support mac, come and get me! lol

 

[MDD1963]

Effective immediately, and, in the spirit of the artist formerly known as Prince, said company products will be known as, simply *ac

 

[Mainstay]

We state we repair Macs / Apples on our websites and promotional material. We do not state we are Authorized. We make the distinction that it is for out-of-warranty repairs.

But we do a better job than our local Apple store, so people come to us.

We've been threatened by our local Apple store for infringement because we/I wrote some really slamming blog posts... but I simply quoted that it is for educational and/or review purposes... and they backed down.

 

[calldrdave]

I'm going to run this by our attorney too, but I thought I'd check here. What are the pitfalls of saying something like "We repair Macs!" in an ad? We aren't Certified Apple Technicians. Has anyone heard of Apple suing companies that use their name this way? As far as I know it would be like a mechanic saying, "We repair Dodge, Chrysler, Subaru, etc." but Apple is also really defensive of their trademarks.

tl;dr: You're fine saying "we repair Macs"

As an member of the Apple Consultants Network, I had to do the guideline and trademark quiz. Here is the link.

Here is my non-lawyer-don't-hold-me-to-it understanding
1) You can advertise your work on Apple computers, Macs, or Mac. You don't have to put the ™ or anything there.

You cannot
1) Use the Apple logo in any way shape or form. I can't use it unless it's directly next to my designation as an ACN or a Apple Certified Support Professional. The logo must be directly next to the word Apple and can't be used without it.
2) Cannot use Apple or Mac in your business name so "Dave's Mac Repair" won't fly.
3) Imply in any way that you are associated with Apple, doing warranty work for Apple or are endorsed by Apple.
4) Sell anything with the Apple logo or imply you do so. Service - yes. Parts - no.

What's the risk? Not much. I was in a dispute with a local provider implying that he was an AASP and had a few run ins with Apple legal on this. I had to send them a letter than they were abandoning their trademark in Kansas but not pursing this person. They eventually sent a cease and desist letter. Apple will aggressively protect itself on products more than service. If you sell things online, they'll pursue it.

 

[bolharr2250]

tl;dr: You're fine saying "we repair Macs"

As an member of the Apple Consultants Network, I had to do the guideline and trademark quiz. Here is the link.

Here is my non-lawyer-don't-hold-me-to-it understanding
1) You can advertise your work on Apple computers, Macs, or Mac. You don't have to put the ™ or anything there.

You cannot
1) Use the Apple logo in any way shape or form. I can't use it unless it's directly next to my designation as an ACN or a Apple Certified Support Professional. The logo must be directly next to the word Apple and can't be used without it.
2) Cannot use Apple or Mac in your business name so "Dave's Mac Repair" won't fly.
3) Imply in any way that you are associated with Apple, doing warranty work for Apple or are endorsed by Apple.
4) Sell anything with the Apple logo or imply you do so. Service - yes. Parts - no.

What's the risk? Not much. I was in a dispute with a local provider implying that he was an AASP and had a few run ins with Apple legal on this. I had to send them a letter than they were abandoning their trademark in Kansas but not pursing this person. They eventually sent a cease and desist letter. Apple will aggressively protect itself on products more than service. If you sell things online, they'll pursue it.

So if I understand you correctly, we are not allowed to resell any apple products, new or refurbished? Is there a way that I can make this a possibility?

Also, are we allowed to sell non-apple parts that are meant for apple devices? Things like cords, cases, off brand RAM, new HD's that type of thing?

 

[JRDtechnet]

This is interesting. I fix macs/apple stuff but not a certified/authorized apple tech or anything and I don't claim to be. Yet the Apple store 45 minutes away sends people they can't help to me.

 

[anonymous Mac Tech]

This is interesting. I fix macs/apple stuff but not a certified/authorized apple tech or anything and I don't claim to be. Yet the Apple store 45 minutes away sends people they can't help to me.

This is normal for things they don't support like repairing Vintage equipment (Vintage meaning equipment 5 years or older).

 

[Markverhyden]

So if I understand you correctly, we are not allowed to resell any apple products, new or refurbished? Is there a way that I can make this a possibility?

Also, are we allowed to sell non-apple parts that are meant for apple devices? Things like cords, cases, off brand RAM, new HD's that type of thing?

You can sell Apple stuff, new or used. You just cannot imply you are an Apple Authorized <something> when you are not. Because Apple tightly controls the distribution channels you will never see "great deals" on current, new equipment. And if you sell things that have an Apple logo you need to know that they are real OEM stuff and not counterfeit. That's where they will hammer someone.

Apple, as well as other OEM's, maintain tight controls over authorized distributors. Auditing things like actual invoice prices. They also will have additional provisions such as trying to get the buyers to certify the purchase is not for resale, etc, etc. In reality there is little the OEM's can do other than stop selling to a distributor.

But if someone becomes a big enough target Apple will spend the money to go after them using civil tort. I remember back in the late 90's there was an Australian and a Brazilian company. Both of them bought used Apple parts and built them into computers which they sold. Cost Apple a lot of money but they both eventually shutdown since they could not afford the legal costs.

 

[calldrdave]

So if I understand you correctly, we are not allowed to resell any apple products, new or refurbished? Is there a way that I can make this a possibility?

Also, are we allowed to sell non-apple parts that are meant for apple devices? Things like cords, cases, off brand RAM, new HD's that type of thing?

Remember: not a lawyer nor am I representing Apple.

Non-Apple parts are fine, even if you say they work on Apple products. The issue is the Apple brand logo and how the customer perceives it. The logo and name are seen as an endorsement. When in doubt, disclaim with phrases like "This product is not made by Apple. Apple is a registered trademark of Apple, Inc."

Only an Apple Authorized Reseller may sell Apple inventory and still keep the warranty intact. Apple aggressively protects the channel from unauthorized incursions. Refurbished is a gray area in many ways. If you say "We sell refurbished Macs" then Apple might say the average consumer sees you as an AAR. If you say "We sell refurbished computers, PCs and Macs" that is less likely to cause marketplace confusion.

When most companies get in trouble, it's because someone called for support to Apple. They'll say "I just bought this Mac and I'm having problems...what do you mean I have no warranty??" Another case I've seen is where your product causes damage and the customer goes after Apple for compensation.

Do people try to fly under the radar and get away with it? Yes. Is this a risk and a liability for your company? Yes. Apple isn't authorizing new resellers as I understand. The channel is drying up as vendors realize they can't compete when their biggest competitor is also their supplier.

Did I mention I'm not a lawyer nor am I representing Apple? Yes, yes I did. I'll do it again though just to play it safe with Apple legal.

 

[maclaptech]

I'm going to run this by our attorney too, but I thought I'd check here. What are the pitfalls of saying something like "We repair Macs!" in an ad? We aren't Certified Apple Technicians. Has anyone heard of Apple suing companies that use their name this way? As far as I know it would be like a mechanic saying, "We repair Dodge, Chrysler, Subaru, etc." but Apple is also really defensive of their trademarks.

The chance is one in a million that someone might come after you...