Siechert & Synn v. Apple, Inc. CA6

I. Background

Historically, Apple sold its products to consumers mainly through independent resellers. These included large national chains like CompUSA, regional chains like Fry’s, and smaller establishments like those of the plaintiff Specialists. Specialists are a subset of the larger group of Apple’s authorized resellers. They are so named because they specialize in the sale and service of Apple computers. Specialists sign annual Specialist confirmation letters in addition to the authorized reseller agreements that all Apple resellers sign. Specialists comprise a diverse group of small to medium-sized businesses pursuing various business plans and targeting different customers in markets across the country. Some Specialists focus on retail sales. Others serve business customers only. Some target specific industries like advertising or entertainment. Some Specialists have multiple stores while others have only a single storefront. Some have no storefront at all. Those with storefronts operate in a variety of different locations. Some are in high-traffic shopping malls or on prominent shopping streets, while others are in places that attract few to no casual browsers. Some…