Monday, May 7, 2012

Apple refuses to bite ...

Late last year I decided to buy an Apple iPad "Smart Cover" as a Christmas gift, and as it was a little difficult to find time to shop in person, I looked online. I found an Australian company specialising in computer cases and accessories which was offering what appeared to be a genuine Smart Cover at a good price, so I ordered one. Once it arrived I became suspicious that it was in fact a counterfeit product, especially when I compared it with a friend's genuine Smart Cover.

Having been a lawyer in a previous life, I did not wish to support products which were an example of "passing off" and exploiting Apple's industrial and intellectual property, and contacted the retailer via email to ask for either an exchange for a genuine cover or a refund. After several emails there was no reply, so I thought that I had given them a fair chance to avoid reporting of the matter and then approached Apple offering to provide it with details of the seller and send them the actual counterfeit product and packaging. I made two different submissions through the Apple website, and after I did not hear anything back I also went to some trouble to get the email contact details of a person within Apple Australia. I wrote to this person twice, also with no response. I was then forced to come to the conclusion that I cared more about protecting Apple's intellectual property than it does and that I was "on my own" in terms of seeking resolution of the matter.

I then renewed my pressure on the retailer, and eventually (after a delay of several months) received a full refund after returning the goods after threatening to report them to the authorities. Since life is too short to follow up every injustice that you come up against, and especially as Apple seemed disinterested in doing anything about the counterfeit accessories, I made a decision not to report the matter to the Australian Competition and Consumer Commission, so in this instance the forgers have "got away with it".

The moral of the story is that if you are concerned about buying a genuine product, be very careful about buying online, and check with the retailer in advance whether the item is in fact genuine or a copy. If you want to be sure, buy from an authorised retailer. Some stores like JB HiFi will offer a small discount on the RRP if you ask for a deal (but Apple does not give them much room to move).

As the old legal saying goes, "caveat emptor" (buyer beware)!

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