Apple Hits German Store with Cease and Desist Letter

An online store based out of Germany was caught misusing Apple iPhone imagery, reports Macblogz. Upon spotting the irregularity, Apple sent 3Gstore.de a Cease and Desist letter. Attached to the letter was a bill for $2,271, the report reveals.

3Gstore sells (what else?) iPhone 3Gs. The company imports these from surrounding countries, where they are sold unlocked. Because the company wasn't doing anything illegal, 3Gstore thought it could grab Apple-official pictures of the iPhone 3G and use them as advertising material. However, what they forgot was that Apple only allows you to use the imagery as long as you don't make any modifications. Also, credits must be posted (to Apple and even the photographer, if mentioned), as Apple's Usage Agreement says.

Subject to the terms of this Agreement, you may use the Image solely in whole for editorial use by press and/or industry analysts. This right to use is personal to you and is not transferable by you to another party. The Image cannot be used to promote or sell any product or technology (such as on advertising, brochures, book-covers, stock photos, t-shirts, or other promotional merchandise). You may not alter, or modify the Image, in whole or in part, for any reason.

As between you and Apple, Apple is and shall remain the sole and exclusive owner of the Image. You will not delete, alter, or obfuscate any proprietary legends relating to the Image, and each use will be accompanied by the applicable proprietary attribution shown next to the Image.

Without fail, and without any preemptive warning, Apple sent a Cease and Desist letter to 3Gstore.de, demanding they remove all iPhone 3G imagery and pay the upper-mentioned bill. Following these events, German magazine Macnotes decided to ask Apple about using iPhone imagery. Apple's answer was unsatisfactory, according to the source. The Mac maker allegedly pointed the magazine to its Image Use Agreement as an answer to their questions.

3Gstore, for its part, took matters into its own hands and went to hire a professional photographer who made some amazing pictures of the iPhone 3G.