Although Apple's lawyers they sent warnings of ceasing the sales of those who produce the most real Steve Jobs figurine, the product appeared today on several eBay sites around the world. Apple's lawyers argued that they will sue the company in Hong Kong that produces the figurine, based on the idea that the image of Steve Jobs can be defended in court just like a patent. However, Apple did not register as a trademark the image of Steve Jobs and according to the law of certain states, the descendants of a deceased person they have no right on the image of the deceased, so the figurine will be able to be sold in many corners of the world.
Under American law, so-called "personality rights" exist only at the state level—there is no federal law. And only about a dozen states recognize image rights after death. Oddly, it is Indiana that has the strongest protection, restricting commercial use of a person's image for 100 years after their passing. What this means is that Apple's warning about the doll is an empty threat in most places. It may not even be able to stop others from using the name Steve Jobs as, surprisingly, the term does not appear on the company's long list of registered trademarks.
On eBay USA the figurine can be purchase for $139 with free delivery from Hong Kong, but Australians are not forgotten, having the opportunity to purchase the figurine through the same eBay. In some US states, Apple could win the case for banning the sale of the figure, but if it can be bought outside the country, then the efforts will be in vain. It will be interesting to see how the lawyers of the American company will react, but I think they won't be able to do much with threats.
