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, https://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, https://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:
https://iphone5mod.com
https://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 apple_enforce@opsecsecurity.com
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, https://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.
Source: iPhone5Mod
