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mherdeg | 2 years ago

Would you accept weaponized trademark infringement as a sibling to patent law? The behavior described here seems odd -- I wouldn't call it "good" or "bad" in a moral sense just technically impressive: https://blog.giovanh.com/blog/2023/10/26/apples-trademark-ex... and https://www.theverge.com/2020/9/14/21436760/us-customs-state....

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jmyeet|2 years ago

Since the article is about patents I, too, limited the scope of my comments--quite deliberately--to patents so these are really out-of-scope. I mentioned Apple v. Samsung because of the confusing language ie "design patent".

The first case you mention is against third-party repair and parts. This isn't a simple issue. At one end of spectrum people have died from fake accessories (eg [1]). So while I trust (and use) Anker devices that are sold in the US, would I buy and use a charger in Cambodia? Probably not. So I support the idea of third-party repair but you have to deal with the question of quality and the parts being suitable.

The second relates to, again, design (and trademark). This is less defensible. I mean they do look like Airpods but really how many ways can you make an earpod?

[1]: https://www.cbc.ca/news/science/apple-replacing-fake-iphone-...