Apple Says That You Can't Give Away A 'Free' iPad Or iPhone In A Contest

from the first-sale? dept

Apparently, Apple has recently decided to start trying to enforce its official "Guidelines for Third Party Promotions," meaning that they're telling people they can no longer offer contests and promotions where the prize is a "free iPad" or something of that nature. Specifically, the "guidelines" state:

• iPad, iPhone and the iPhone Gift Card may not be used in third-party promotions.
• iPod touch is only allowed to be used in special circumstances and requires a minimum purchase of 250 units.
• You may NOT use the Myriad Set font on or in connection with web sites, products, packaging, manuals, or promotional/advertising materials.
• The use of "free" as a modifier in any Apple product reference in a prominent manner (headlines, call- outs, etc.) is prohibited.
• You must submit all marketing materials related to the promotion of Apple products to Apple for review.

That all sounds lovingly dictatorial on the part of Apple, but I'm left scratching my head how the company thinks these guidelines are even remotely enforceable. If someone has legitimately bought one of these devices, I can't see under what legal basis Apple can claim that a giveaway promotion violates the law. Perhaps there's a weak trademark claim, but I can't see it holding up in most cases (there could be a few exceptions). But, really, what is Apple thinking here? People use its products in giveaways and contests because the product is desirable . Why fight that?

Filed Under: first sale, giveaway, ipad, iphone
Companies: apple