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Who Really Owns Steve Jobs' Image?

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This article is more than 10 years old.

Hong Kong action figure creator, In Icons, is pushing forward with its plans to release what could be the creepiest figure in the history of the genre.  The likeness of Steve Jobs is uncanny, and anyone willing to dish out $99.99 can have a little Steve stare at them as often as they can stand it.

That is, if Apple doesn't succeed in stopping the company from selling the figure.  The company successfully stopped a Chinese firm from releasing a similar figure last year by threatening a lawsuit. But so far In Icons hasn't backed down an inch despite Apple's continued threats.

As reported in Mac News World, this isn't a run-of-the-mill intellectual property case.  In Icons is not using the Apple logo or depicting the company's products in the action figure package (the IPhone shown in the photo isn't included), so the issue is whether Apple can lay claim to the image of Steve Jobs himself.  Quoting from the article:

According to J. Mark Bledsoe, intellectual property practice partner with Bradley Arant Boult Cummings..."Last I checked, Apple has not registered any trademarks protecting the use of 'Steve Jobs' or his iconic profile and image, as, for example, Nike (NYSE: NKE) has done with Lebron James," he told MacNewsWorld.

For that reason, he continued, it might make more sense for Jobs' estate, rather than Apple, to lower the legal hammer on In Icon.

"This is a case best brought by the estate of Steve Jobs to enforce the right of publicity," he opined.

What do you think?  Can Apple lay claim to the image of its founder?  Should In Icons be allowed to profit from Steve Jobs' image?  Would you purchase this figure if it eventually hits the market?