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Android Powered iPhone 5 Manufacturer Warns They’ll Sue Apple If Next iPhone Resembles “Their” Design

It was only last Tuesday we showed you guys the abomination that was the GooPhone. Getting the jump on Apple thanks to leaked parts and pieces, the Chinese were able to manufacture an Android-powered iPhone 5 knockoff that could easily find a home next to the bearded lady on some traveling freak show.

Well, here’s the fun part — the manufacturer of the iPhone 5 knockoff, GooPhone, has reportedly patented the design and is warning Apple that they will sue them for patent infringement in China, if the upcoming iPhone 5 resembles their newly patented design. Sounds backwards? Here’s the logic: because the GooPhone was released first and was successfully granted a patent on their design, anything that comes after is by legal definition a copy infringing on said design patent (and possibly trade dress).

This is the sort of backwards thinking, crazy-pill-taking, madness we’d expect from Apple and one could even argue it was Apple was the one who started the Patent World War to begin with. I’d be lying if I said it didn’t put a smile on my face to see the tables turned. Even if GooPhone doesn’t stand much of a chance at winning, maybe Apple will settle and they’ll get a decent buck out of it.

Thanks, bmg314!

[Giz-China | Gizmodo]




  • http://www.twitter.com/90sRememberer NB

    You are completely bonkers if you think this is in any way close to what Apple does.

    • http://twitter.com/gamercore Chris Chavez

      Well, according to popular opinion, Apple finds technologies and designs of others, boxes it up and legally patents it as their own idea like they were the first to invent it.

      Although extreme (and honestly silly) this Chinese manufacturer is doing something similar.

      • remnem

        in any case , if iphone 5 is just like this one apple would still be copying the peoples rumors and ideas , i dont see anything original on doing that

      • http://www.twitter.com/90sRememberer NB

        “Popular opinion” of who, exactly? The online Android tech bubble?

        • toomuchgame441

          Please suck a huge one

        • donovan shore

          Looking at your posts it is safe to assume you are an Apple troll. If you had some argument for or against Apple/Android that wasn’t completely biased and insightful then maybe someone would listen to you. You block out any sort of conversation towards Android and blindly follow the Apple crowd.

          This may sound equally biased from me but at least I am willing to have a conversation or debate about the two products. Your answers just seem to block out any valid points and come off as manufactured.

        • masterpfa

          Popular opinion of their many victims.

        • 420speedwagon

          Its true. If you can list anything apple actually invented, then I guess all us android fans will study on this apple bs. And no apple didn’t come up with the tablet first, so no ipad in your list. Oh and no ipod, since mp3 players where out before the first ipod. And also don’t count the iphone either, because that wasn’t the first “smartphone”

          • http://www.twitter.com/90sRememberer NB

            Good thing Apple isn’t suing anyone because they say they were “first,” then. They’d be in a heap of trouble!

        • bmg314

          It’s the opinion of people who are educated on the subject. I guarantee if Apple showed more honest innovation and wasn’t so blatantly hypocritical and litigious, there would not be so much hatred for them.

    • froader

      You must have an Apple up your arse!

  • Weezer

    I’m loving this because
    1. Apple started the lawsuit wars.
    2. that will teach them to send all their manufacturing overseas
    It would be awesome if China were to seize all the iPhone 5′s being made as pirated copies! :)

  • PuzzledObserver

    Even if this GooPhone looks like a cactus. They can still sue Apple. As long as the judge and the jury agree to punish Apple. $1.05 BILLION dollars for China economy is not bad. And it just need a few jurors to say a few words. The law suit that made Apple win in USA can be replayed in reverse in other countries. Apple doesn’t have enough power to dictate its laws to every countries.

    • remnem

      every country will defend their own products so im hoping they sue to work at least in some regions of china

      • peanutsrevenge

        Hardly.

      • Ben Kapferer

        From what I hear, Chinese courts tend to favor products originating from their nation over ones from other countries in cases like this.

        • http://twitter.com/KoryJS Kory Salsbury

          Though technically…the iPhone 5 also originates from China…

  • crankyd00d

    No chance, but still incredibly funny. Now, Apple, bend over and take it

    • http://www.facebook.com/profile.php?id=708741524 Robb Nunya

      Oh, in China? There’s a chance.

    • JustTrollin69

      No chance?

  • remnem

    i hope iphone 5 get banned on china lol

  • user311

    At first that thought that this product was laughable. Now its a godsend… How do you like them apples, Apple?

  • http://pragith.net/ Pragith Prakash

    Releasing does not equal patenting. What if Apple had patented their next iPhone’s design before this cheap knockoff? Just because Apple is releasing much later than this cheap phone doesn’t mean that this phone wins in terms of patents.

    • koham

      The article says that GooPhone was awarded a patent in China. So I guess Apple hasn’t patented this particular design. That said, the design looks very similar to iPhone 4 and 4S and I’m surprised Apple didn’t already have a patent for those in China. Still… funny.

  • Mark phillips

    Apple b* tch take that! What goes around comes around! Now you gotta believe this.

  • http://twitter.com/_real real bored

    Haha! Good for Apple! Just hope the bootleggers can afford good lawyers.

    • vikings football

      no need for a good lawyer. the china court will already judge against apple from the begining, regardless of any defense by apples lawyers…and i would love to see GooPhone rewarded 10 billion u.s. dollars, and a iphone5 ban to china, hahaha.

  • remnem

    im getting this phone , its the only phone with honeycomb lol !

  • BoomerJMoore

    This made my day :-)

  • Jay

    LOL wow

  • j

    :-)

  • HTC G2

    GooPhone iPhone 5 with Android OS?? Lmao!!! It’s so sound cool! Hopeful, China will have nail Apple down!!!

  • peanutsrevenge

    Outstanding and best of luck to them (the thieving (insert appropriate words).

    Apple have patented several things that they stole from others, how great if they have their own phone design stolen due to leaks they try SOO hard to stop JUST before releasing a phone that’s gonna be barely better than the previous one (worse in some peoples opnions) in a country they so deperately want to break into.

  • http://www.facebook.com/profile.php?id=100000329198507 Dave Demlong

    In a country where there is knock off EVERYTHING. I see them winning. Auto manufacturer have sued for obvious blatant copies (see top gear episode in china) and have lost. If they sue, they will win.

  • ColorblindMonk

    The patent system be broke! Now it’s someone else’s turn to abuse it for a change.

  • Leath Muller

    Hilarious… :-)
    “Apple. There is a barrell. Please bend over…”

  • Darkbotic

    Bad move! They should have waited for the launch, and, after they sell 1.05B worth sales, sue Apple…

    • AppleWins

      I’d rather see an import ban.

  • Crimsonshadow774

    Never have I rooted so hard for a knock off. haha

  • mike marchak

    Where can I get this phone. I want it just to own the apple blocker

    • http://pulse.yahoo.com/_CYQUMMC7Z4UBLSHQAJGNJBKVPM JamesS

      I know! I want one now just for the principle of it.

  • james ortiz

    this would be amazing if they got sued here too haha..they would have to go back to the drawing board!

  • Chris

    This is the best thing I’ve ever seen.

  • Chris

    Best thing ever..

  • masterpfa

    Thanks for this article, just made my day.
    Wouldn’t it be so Ironic if they did. A mockery of the system, hell yeah but as the saying goes, let he who is without sin cast the first stone.

  • tharealoc

    they must have seen my comment on the release article lol

    “So assuming that all the leaks of the iphone parts are legit and and
    this is what the next phone all the isheep want looks like, does this
    mean that since this phone has already been introduced and in the
    market, can this manufacturer sue apple for copying their design since
    the iphone has not been made official? Just a thought..”

    • http://twitter.com/Lawrencethemute The Mute

      I was just thinking some smug bastard is rolling in his doody after calling this lol. Thank you for not making me dig through that last article to find your comment hahaha! 5 star post sir ;p

  • Daniel White

    Loooooo-sers

  • chuckles87

    this is acctually a decent speced android phone if I remember correctly 1.4 GHz quad core 2gb ram 8mp cam 1.3 front ics the only area its lacking is connectivity no hspa+ but I think this is another hoax story I saw this on google+ this morning.

  • http://twitter.com/Lawrencethemute The Mute

    Dat feel when you read the title and know exactly who posted it. 0_o

  • http://www.facebook.com/Anjunabeatfreek Brian Hilgefort

    This is completely making my day! I want to buy this phone just to show my support. Granted it may seem a little silly, but it shows how much Android will be protected. Without Android, this company may have never existed except to be paid very little to build horrible iProducts. It’s opened their world up to more possibilities as it has ours! Burn, Apple… Burn!

  • BoSamps

    Trolololololol

  • dan_gallo

    This is the dumbest lawsuit yet. They aren’t going to win but Apple brought this upon themselves.

    • vikings football

      what make you think that gophone has no chance? gohome owns the “apple iphone5 look” patent…lmfao

      • AppleWins

        Use the sheep talking point, Goophone has the right to protect their property and patents against copy cats.

  • http://twitter.com/LJLobato Luis J L

    That’s hilarious lol

  • Nightfall

    Ha ha ha ha ha ha ha ha ha ha ha ha ha ha…. {catches breath}. Ha ha ha ha ha ha ha ha ha ha ha

  • james

    One work comes to mind in rapid sucesion ha

  • http://www.google.com/profiles/phinnvr6 phinn

    I might buy the iPhone 5. Sick of not getting updates on my phone.

    • AppleWins

      If updates matter, buy a Nexus. If you get something else, don’t complain.

      • Royvin

        Yes tell that to all the Galaxy Nexus owners on Sprint and Verizon lol.

        • AppleWins

          I’m on sprint and been running 4.1.1 for over a month now

    • 20°

      SOOOO, you’d rather pick a phone that gets a update once a year on software, but never a update on the look of the phone?

      Sounds smart.

  • Joshwa1

    Apple can pass the lawsuit to Foxconn. Hahah

  • AppleWins

    They simply took Apples business strategy and plan on using it against them.

  • anySmarterIdRunLinux

    I really do not get why people _hate_ Apple. I can understand not wanting an Apple product for reasons X,Y, and Z. But why hate the company?

    Do you remember what a ‘Smart Phone’ looked like prior to the iPhone? Do you remember what it could do?

    You should thank Apple. And you should understand why they defended their patents. They didn’t patent a ‘rectangle’. That is stupid speaking. If it were just a ‘rectangle’, Samsung would not have requested help making their ‘rectangle’ look like Apple’s rectangle. Think about it. If your response starts with “Yeah, but”, you know – deep down – that Apple is right.

    Apple winning the lawsuit ensures that true innovation pays handsomely and ensures that people can not steal your ideas. This would mean something to Samsung if they had any ideas. They do not. They sell commodity parts organized by a (designed to be) commodity OS. It is what it is. It is successful because Apple paved the way. “Yeah, but Android would have come out anyway and done the same stuff. The OS existed before the iPhone was released”. The fact is that Apple changed the market. Apple took the risk. Apple was released first. Apple. Apple. Do you see the pattern?

    I suggest you pick up a phone running WINCE 5 or Palm OS and use it exclusively for a month. Then thank Apple. And stop the hating.

    I have never used an Apple product in my life. Palm Centro (pre iPhone days..) / Droid X (big PoS) / and S3. Not happy with either Android phone. The S3 is fast, but not integrated. But I choose to use a system that I can modify and deal with the lack of integration. Others want a seamless experience. They are the ones who choose Apple.

    Choose what you want. But thank the company that started us on this path. Don’t hate them.

    • triangle8

      I think everyone will acknowledge Apple’s innovations, but their behavior in suing everyone for things that they really don’t own or shouldn’t own and really just acting like a bully to stop competition is what makes everyone hate apple. If you look at the substance of what Apple is suing HTC or Samsung over, it’s really pretty dumb, though I will acknowledge that the original Galaxy S deserves to be skewered for looking like the iphone.

      If Apple would just compete instead of suing everyone, I don’t think anyone would have a problem with them. It’s when they sue to ban the products the android community loves and don’t infringe on apple’s intellectual property that people should rightfully get upset and disgusted about.

  • mikeclee

    I’m loving this!

    • AmericanPatriot4

      ^ prepare to be sued by McDonald’s.

      • Dulal gazi

        :D

      • bmg314

        Lol. I’ve started seeing taco Bell billboards for their Dorito tacos with the tagline of “This changes everything.” Surprised Apple hasn’t threatened war against them yet. Or claimed they invented tacos.

  • Josh Flowers

    yes! i really hope this plays out on national news.

  • Royvin

    Anyone who thinks that they would will win is an idiot. All Apple will have to do is show documentation that they had this design in the works prior to them. End of story.

    • bmg314

      Really?? Are you serious? That’s all it takes to prove that a claim is bogus? Hmmm…
      O_o

    • JRomeo

      Samsung showed documentation that they had hardware with curved corners, flat screens, and a bezel before apple released similar things on their products…. end of story… samsung still lost…..

  • Kc

    Why are there so many apple fans here? Thought this was phanDROID

  • Chookalana

    haha these comments suck. Ignorance is NOT bliss….

  • zeorai

    To anyone who says there’s no chance. You’re probably right about it going to trial, you’re probably wrong that Apple won’t have to pay Goophone. Take the example of Proview of China, they own the iPad trademark in China. Apple paid them 60 million dollars in July to settle that case. Why? Because Apple bought the iPad trademark from Proview of Taiwan, and Proview of China is actually a subsidiary of Proview Taiwan. But Proview China claims they never transferred the IP and that Proview Taiwan didn’t have the right to sell it. Apple claims they must have because the got it from Proview Taiwan. Well, guess what? Proview China got a ban on all iPads in China. Why? Because Proview is the Chinese party here, there was no way they were going to lose. The Chinese courts tend to favor Chinese parties. It depends on how well connected the guys at Goophone are, but they definitely stand a chance. Is any of this right? No, but it is how it works in China.

  • http://twitter.com/SassyPatriot80 Bren

    Luv luv luv this !! :)

  • http://www.facebook.com/profile.php?id=708741524 Robb Nunya

    Apple’s getting F’ed int he A by a KIRF… :D

  • Awalk

    Great, it would be lovely to see a knock-off company lose money while funding stupidity without the slightest hope of a win in court.

    It will be a pleasure to watch the KIRF company get drained dry.

  • jawman

    This is hilarious. Good job Chinese company. Sometimes you have to fight fire with fire. The Chinese company is pretty much saying to Apple, “You wan’t to play a bogus patent war? Fine, you asked for it!”
    Two can play at this game.

  • Zeyad Hesham

    Thumbs up!

  • David Metcalfe

    An entertaining article, but I highly doubt this will hold weight in court if it comes to that. Even assuming they aren’t lying about having a patent (doubtful, given how long the process takes on average), the court case would also review all prior evidence of who had the ideas and designs first, including prototypes and sketches, contracts to manufacturers in China, internal emails, etc.

    I’d be interested to see how it plays out and the court cases roll out, but my money will be on GooPhone burning to the ground.

  • Brian S.

    Funny as hell

  • Sean

    They should claim that a lot of people are buying the iPhone 5 thinking that it’s the GooPhone!

  • Mitch Laursen

    How is the GooPhone design not in trouble for patent infringement by Apple already? The GooPhone looks like the iPhone 4 and 4S.

  • Mushdagrt

    Lmao…

  • matdr57

    That is greatest thing ever and i bet steve jobs is rolling over n his grave…..listen to ground closely and will hear steve jobs screaming from hell DAMN U DROID!!!!!! Hahahahahahahahahahahahahahaha

  • watson111505

    This is awesome…lol

  • Tony Lai

    So Samsung threatens to sue for possible LTE infringement and now GooPhone will sue too.
    This is just getting more interesting to read and makes me want to see the launch of iPhone 5 even more! lol

  • No_Nickname90

    Oh my gosh… I can’t believe this!! I’m so happy!! They’re obviously trying to take down Apple. Muhahahahahaaa!! I love this. >=.]

  • BillIdol

    I want this phone! When can I order it?
    Android base, IPhone looking, yeah!

  • http://none BillIdol

    I want this phone, when can I order it? Android based, iPhone looking, yeag

  • http://none BillIdol

    I want this phone, when can I order it? Android based, iPhone looking, yeah!

  • http://none Biljoydroid

    Sorry for the multiple comments, kept telling me mine never went through. Lol

  • Seri

    So now this thing is going to be interesting after the new iphone have been revealed..