iPhone 5 Mod Receives Takedown Notice From Apple, Will Stop Selling In 48 Hours

iPhone 5 Mod Receives Takedown Notice From Apple, Will Stop Selling In 48 Hours

Get it quick.

Just as we had predicted, the iPhone mod that aims to turn your iPhone 4 or iPhone 4S into an iPhone 5 — which we told you about yesterday — has been pulled by Apple. The site selling the kit has received a letter from a third-party who is “authorized to send notice and takedowns on behalf of Apple,” and it will stop selling in 48 hours.

Despite the takedown notice, new customers still have a chance to get their order in, and all orders placed before the mod is pulled will be shipped.

It’s a shame the mod kit will be pulled, but it did seem inevitable. After all, it uses Apple’s logo and the iPhone branding, which the Cupertino company does not accept. As soon as these things get attention and start making their way around the web, Apple’s legal team acts pretty quickly.

Here’s the letter sent to iPhone5Mod.com:

We are authorized to send notice and takedowns on behalf of Apple Inc. (“Apple”), the owner of the federally registered Apple logo trademark (among others) hereinafter referred to as the Apple Trademark(s).

We are writing to request your assistance with a website hosted by xxx INC that is violating Apple’s intellectual property rights.

The website, http://iphone5mod.com/, is offering for sale and selling merchandise bearing counterfeit Apple trademark(s). Such illegal use of Apple Trademark(s) is a violation of federal and State trademark laws.

Pursuant to xxx INC’s policies and the requirements of the Digital Millennium Copyright Act (“DMCA”),[1] please note the following:

1. Signature of the undersigned is set forth below.

2. The website, http://iphone5mod.com, is offering for sale counterfeit Apple merchandise. The offer for sale and the sale of counterfeit merchandise is prohibited by law, including, but not limited to, 15 U.S.C. § 1114 et seq. and 18 U.S.C. § 2320.

3. xxx INC’s servers will be able to accurately locate the infringing content at:

http://iphone5mod.com

http://iphone5mod.com/shop/iphone-5-conversion-mod-kit-for-iphone-4-4s/

4. This company’s physical address is:

Huaqiang Electron World Zhenzhong Road Futian, Shenzhen, Guangdong China‎

You may contact our office through email at (sorry, you need Javascript to see this e-mail address)

5. and 6. I state UNDER PENALTY OF PERJURY that I am the Account Manager at OpSec Security Inc., the agent authorized to send notice and takedowns on behalf of Apple, the owner of certain intellectual property rights. I have a good faith belief that the website, http://iphone5mod.com/, offers items that are not authorized by Apple, its agent, or the law, and therefore infringe Apple’s rights.

The information in this notice is accurate. Please act expeditiously to have the infringing items removed from the website.

We thank you in advance for your cooperation, and we await a response from you or your counsel.

It’s time to pull out your credit card if you want to grab this mod before it disappears.

Related
  • metalhaze

    You know what this means right? If you get a takedown notice from Apple related to something that hasn’t come out yet, that means you were on the right track. So I guess the iPhone 5 REALLY IS going to look like this….

  • nefan65

    Actually, the take down notice has nothing to do with design. It has to do with the fact they’re selling something that has the Apple logo on it, and text. Neither are approved by Apple to resell.

  • Skywaytraffic

    Or, you know, people could just glue wax paper to the back of their phones for literally the exact same effect…

    Such an idiotic design. PLEASE SURPRISE ME, APPLE.

  • rogifan

    You know what this means right? If you get a takedown notice from Apple related to something that hasn’t come out yet, that means you were on the right track. So I guess the iPhone 5 REALLY IS going to look like this….

    They were selling something with an Apple logo on it. That’s the reason for the takedown.

  • RaptorOO7

    Really, then how do you explain all of the other iP4/iP4S replacement back plates that are sold every day and advertised in reviews on iMore.com that use the Apple logo and one even uses the Apple rainbow logo. They have not received take down notices.

    It is far more likely this is too close to the next iPhones design that Apple doesn’t like it!

  • Tallest_Skil

    You know what this means right? If you get a takedown notice from Apple related to something that hasn’t come out yet, that means you were on the right track. So I guess the iPhone 5 REALLY IS going to look like this….

    Nope. Has nothing to do with this at all. The takedown is because they are illegally using the Apple logo. Apple no longer sends out takedowns for parts.

    …iP4/iP4S replacement back plates…

    Probably because those don’t have a logo. This does.

  • Dave Van Manson

    Join the iPhone 5 Release day party! Who else can’t wait?!

    http://www.facebook.com/events/214581088670890

About the author

Killian BellKillian Bell is a staff writer based in the U.K. He has an interest in all things tech and also covers Android over at CultofAndroid.com. You can follow him on Twitter via @killianbell.

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