We reported yesterday that Apple was requesting Chinese manufacturer In Icon to cease production of what is probably the most realistic Steve Jobs figurine to date. While we already knew CEO Tandy Cheung’s stance on Apple having the copyright to Steve’s likeness, a new report from Paid Content claimed the doll is in fact legal in most states and “Apple’s legal claim is largely bogus.”

The report explained that people do own the rights to their likeness, but most American states do not recognize these rights after death. In fact, according to Paid Content, only a dozen states currently recognize “personality rights” after death.

What this means is that Apple’s warning about the doll is an empty threat in most places. It may not even be able to stop others from using the name Steve Jobs as, surprisingly, the term does not appear on the company’s long list of registered trademarks.

In light of that news, several of the figurines appear to have made their way to different eBay stores globally. One —on the United States eBay store— is listed with a ‘Buy It Now’ price of US $138.88 and ships straight from Hong Kong. The figurines have also landed on the Australian eBay here. You can still preorder from In Icons’ official website for $109.99 with shipping expected to start in February. However, the website noted it is a ‘first-come, first-served’ policy with refunds being issued when initial limited stock runs out.

Paid Content cited the following list of states where the doll could potentially run into an issue, according to a recent paper on Dignitarian Posthumous Personality Rights:

Indiana, Illinois, Texas, Connecticut, Georgia, Florida, California, Ohio, Virginia, Washington, New Jersey, Nevada, Nebraska, Kentucky, Tennessee and Oklahoma.

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