Monday, September 25, 2006

It Would Be Like If I Said, Fix Your Thinking Is "Apple Approved"

Apple Serves Podcast Ready A Cease & Desist

From Wired’s Listening Post weblog:

Apple sent Podcast Ready with a “cease and desist” letter, claiming that the terms “Podcast Ready” and “myPodder” infringe on Apple’s trademarks, and that they cause confusion among consumers.

A snippet from the "cease & desist" Apple sent out:

"While Apple, of course, has no general objection to proper use of the descriptive term "podcast" as part of a trademark for goods and services offered in the podcasting field, it cannot allow marks to go beyond this legitmate use and infringe on Apple's rights in POD and iPOD."

I completely agree with Apple on part of this "cease & desist" ... this "Podcast Ready" mark or picture is symbolic of a certification. People MAY think this "certification" is somehow Apple reviewed and certified.

While Apple has certainly enjoyed the association with the podcasting phenomenon ... it certainly wouldn't want to "certify" or appear to endorse the majority of the questionable [read as stupid and childish] comments made in said majority of podcasts.

People associate certifications for the iPod with Apple, therefore a "Podcast Ready" certification would seem to originate FROM Apple.

Apple has the right to defend this particular use of PodCast.


Russell said...

"Apple has the right to defend this particular use of PodCast" assumes that the term "podcast" is theirs to defend. Apple is not claiming rights to this term, rather they are claiming rights to the word "pod" explaining:

"...the term POD has been adopted and used extensively in the marketplace by consumers as an abbreviation to refer to Apple's iPod player."

The complete text of the letter can be found at:

FYT said...

I read it and I understand that this IS what they are defending ... but I feel in the case of "Podcast Ready" they have the right to defend it due to confusion over who is designating such a certification.

Anonymous said...

From Macrumors:

Update: The original cease-and-desist letter can be found here. In it, Apple's legal team cites its "iPod" and "Pod" trademarks, and asks Podcast Ready to stop using the term "mypodder" because of confusion it may cause with the iPod and Pod trademarks. Furthermore, Apple explicitly states that it is not asking Podcast Ready to stop using its company name, as the "services description indicates the mark will be used for podcasting-related services."

Interesting! So they aren't upset by Podcast Ready. I agree with this site, not with Apple or other bloggers. I don't like Apple going after the word "Pod" unless specifically infringing in OTHER ways. Podcast ready seems to be a certification as the parent post here suggested.