Apple is reportedly going after several United States-based resellers and wireless carriers who have Samsung’s Galaxy gadgets on offer, choosing to send takedown notices stemming from a recent sales ban rulings.

In a report over at his blog FOSS Patents, patent expert Florian Müeller notes that Apple’s legal sharks contacted U.S. telcos and retailers, demanding they remove the banned Galaxy Tab 10.1 tablet and Galaxy Nexus smartphone…

According to Samsung’s court filings [PDF document], letters Apple’s San Francisco law firm sent to downstream customers on June 28 and July 3 “greatly overreach, incorrectly claiming that third-party retailers are subject to the prohibitions of the preliminary injunction, which they clearly are not”.

The South Korean firm, which is embroiled in more than two dozen patent lawsuits with Apple across the globe, is adamant that third-parties “are permitted to sell their existing inventory, even without a stay”.

According to Müeller, Apple’s takedown notice requires sellers “at a minimum” to “immediately remove for sale the banned product from all physical and online venues under their direction or control”.

Apple and Samsung obviously have diametrically opposite ideas as to how to decipher Judge Lucy Koh’s order which states the injunction encompasses Samsung’s employees and agents, but also “those acting in concert with any of them”.

Apple makes use of the legal phrasing in its takedown notice, here’s an excerpt:

The court order applies not only to the named Samsung entities, but also to anyone “acting in concert” with them. Apple thus believes that the order extends to you because you may be selling, offering to sell, or importing the Galaxy Tab 10.1 tablet computer.

Apple’s lawyers then demand that the seller immediately cease to sell or stock the Galaxy products and “any product that is no more than colorably different from this specified product”.

Colorably different, that’s a laugh.

Sprint won’t like this, that much is certain.

I for one am unsure whether Apple needs to be so pushy about this ban.

Firstly, none of the U.S. carriers and resellers is a party to the Apple-Samsung litigation.

Secondly, the Apple-Samsung patent infringement trial begins July 30 so why the rush?

And thirdly, the Galaxy Tab 10.1 is twelve months old now and probably doesn’t sell like hot cakes. Though the U.S. Courts of Appeals upheld the tablet ban, Apple shouldn’t waste energies and should instead let retailers move the remaining stock as they won’t be able to replenish it for as long as the ban remains in effect anyway.

Besides, Samsung has a host of other Galaxy Tab tablets on offer in various screen sizes and price points that Apple should worry about, such as the Galaxy Tab 2 and Galaxy Tab 7.7.

Lastly, how the heck does Cupertino expect resellers to comply with the takedown now that the Courts of Appeals temporarily suspended the Galaxy Nexus smartphone ban?

And this just in, the Federal Circuit sped up proceedings for the Galaxy Nexus appeal. As a result, an unresolved injunction appeal shouldn’t keep the Nexus off shelves for the duration of the related Apple vs. Samsung federal lawsuit, due to start in about two years, as Apple hoped it would.

And Apple’s filing from today touches upon its takedown letter, arguing “it is not a legally cognizable harm to halt downstream sales of stolen, pirated, counterfeit, or infringing products”, adding “that Apple would inform others of the entry of the injunction could not have come as any surprise to Samsung given Apple’s continued efforts to enforce its intellectual property rights”.

Man, what a mind job.

What’s your read on Apple’s takedown notice?

  • @dongiuj

    That’s grown up Apple. Now you can start reducing retailers income. Well done!

  • So say I bought a Galaxy Tab 10.1 and I try to sell it on eBay. Will Apple come after me and tell me to take my listing down? Probably not. But hey, I’m selling a banned product.

    Why is Apple so worried. I thought that the iPhone/iPad/iPod were good enough they could be #1 without having to get rid of the other competition.

    • AMB_07

      Apple doesn’t like competition, they’re afraid of competition. These actions just keep proving that to me. I admire everything they brought new to this industry but after reading stuff like that my only reaction is… For shame…

      • I don’t think they are afraid. I don’t know why people often says “afraid”. In Asia if we don’t like you it’s cos you’re an eyesore. We kill you to satisfy our needs. Sometimes we don’t bother watching other times we likes watching you eaten alive.

      • @dongiuj

        Ok, can you explain that again cause you’ve completely lost me on this one.

    • @dongiuj

      Apple will aggressively demand that eBay be shut down because is Earth’s spoilt little child that believes it controls the world. Haha

  • if there is one thing Ive learned it is that you don’t piss off the people serving your food and don’t piss off the people your asking for help to sell your product and that is what apple is doing. retailers cant just make it on selling only apple products some people cant afford apple items. if att and Verizon only sold apple products they would go out of business and believe me they would drop apple in a heart beat if apple caused them to loose money

  • SimonReidy

    I can’t be the only one being turned off Apple becuase of their behaviour. Add to that my general lack of excitement about anything with iOS6 and Android is looking more and more tempting all the time.

    I’d definitely prefer to stay with iOS. Particuarly as I love jailbreaking and tweaking Apple devices, but I just don’t feel the same sense of brand loyalty I used to with them. The Apple I used to know wouldnt let a one year old crappy tablet that sells like shit make headlines by trying to keep it off the market at every turn. Then go after the Galaxy Nexus, and you can bet they’ll find a reason to go after the Nexus 7 as well (magnet cover leaps to mind). Is it too much to ask Apple to put all their money and time into building better products? Rather than tying up the courtrooms with their petty patent breaches every other day.

    Unless they blow me away with the next iPhone, I’m seriously considering jumping ship to another OS. At least for a while. One person leaving won’t make a difference, but a few million might.

  • jaw007

    Apple can kiss my arse!

  • goofygreek

    Apple is going to far with this. Its one thing to sue and stop the manufacturer, but to sit their and to try and tell 3rd party re-sellers (re-sellers that also sell your products), to stop selling another item just makes you look like a douche. If anything, they’re showing their fear of another item (thats over a year old), and giving it free publicity at the same time. Random consumers that dont follow apple blindly are going to be wondering why apple is in such a hurry to stop this thing from being sold, and they’re going to go check it out for them selfs, and maybe even buy one. Great job apple.

  • Roddisq

    I´ve stopped buying apple products a while ago…not only their products are just a pretty face outside and terrible inside software and hardware speaking (ipads are practically disposable) they are denying people the right to choose…that is a no go…apple so long.