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Am I allowed...

by Benjo
7 replies
Hi guys,

Im new here, and in need of a question answered.

My business partner and I have recently purchased a bunch of e-book license allowing us to re-sell them. One is how to make money using your iPhone, and I am wondering as we obviously don't have the trademark to use from Apple, are we allowed to referr to the iPhone as the iPhone or will we have to use I-Phone?

Also does any one know of any other mediums we can utilize, I mean as e-bay no longer allow you to sell e-books on there any more.

Thanks for your time.
#allowed #e-book publishers #ebooks #i-phone #iphone
  • Profile picture of the author Matthew Shane Roe
    To the first question regarding the trademark, it would be better for you to cosult a lawyer and will be cheaper in the possible long run.

    As for mediums to sell ebooks. There is plenty,

    If your looking for affiliates to sell them for you:

    PaySpree
    Clickbank
    Ejunkie
    PayDotCom

    A simple google search will lead you to more.

    If you want just regular methods of selling the ebooks you have:

    Ebay (A classified section I hear about all the time..) Not sure where it is or how to get there or even what is required of it. Won't be much help with that. Although... You can put the ebooks onto a cd and sell them in the regular ebay section. This would bring a healthier ROI (IMO).

    Tradebit (not suggested as the prices are low and most quality is sub par.)

    Your on website


    Those are the things I can think of right off the top of my head, if I can think of more I will come back and write them down for you.
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    • Profile picture of the author Benjo
      thank you so much for your help. It is most appreciated.
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  • Profile picture of the author taylormarek
    Is there a particular reason you need approval from Apple? Everyone knows its Apple already...
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    • Profile picture of the author Benjo
      Don't they own the trademark to iPhone? And If I was to sell a product that relates to someone else's product ,wouldn't that infringe on copyright laws?
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    • Profile picture of the author JohnMcCabe
      1. IANAL
      2. I have read a fair amount on the use of trademarks.

      As I read things, if you are referring to the specific group of smart phones manufactured for the Apple Corporation, calling the device an iPhone is perfectly appropriate.

      The whole idea of a trademark is to limit the use of the trademarked word or phrase to a specific product or company.

      It's meant to avoid confusion in the marketplace.

      You have resell rights to a book about the iPhone - it would be silly to call it anything else. The same logic would apply if you were selling apps for the iPhone.

      What you can't do is use the trademark in a way that a reasonable person might confuse you with Apple - like trying to register a domain such as 'theiphonestore.com'. A reasonable person could easily make the assumption that the site is part of Apple, not a back-bedroom affiliate.

      If you want to play it safe, add a small disclaimer acknowledging Apple's trademark.

      "iPhone is a registered trademark of the Apple Corporation" is sufficient from my observations.

      Talking to a lawyer familiar with trademark law is the surest way to know for sure, of course. Doing some homework and being able to describe exactly what you want to do with the trademark could make the hourly toll a little shorter.
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  • Profile picture of the author Benjo
    Thank you for the advise.
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    • Profile picture of the author kindsvater
      Pretty good post from the Happy Hooker.

      It would be silly if a retailer could not mention the trademarked name of a product they were selling.

      Imagine Macys blacking out product names in all their ads? Or WalMart referring to the Gaming Machine Made by a Big Computer Company in Washington - instead of simply XBox.

      You can obviously identify the product you are selling or promoting.
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