Comments on: Apple now claims trademark on “podcast” http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/ News from the Staff of Podiobooks.com Fri, 05 Dec 2008 10:27:07 +0000 http://wordpress.org/?v=2.3 By: dingosatemybaby http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-10991 dingosatemybaby Thu, 30 Nov 2006 14:13:48 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-10991 This is an old post here, hopefully someone already has seen this article: http://www.tuaw.com/2006/11/29/man-requests-podcast-license-check-returned/ Basically the guy who does the GlobalGeekPodcast sent a request to Apple to use the term podcast and received a letter back from their trademark department basically stating they hold no claims over the term podcast. ./D This is an old post here, hopefully someone already has seen this article:

http://www.tuaw.com/2006/11/29/man-requests-podcast-license-check-returned/

Basically the guy who does the GlobalGeekPodcast sent a request to Apple to use the term podcast and received a letter back from their trademark department basically stating they hold no claims over the term podcast.

./D

]]> By: Stephen http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5604 Stephen Wed, 04 Oct 2006 21:56:49 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5604 I've already seen a site that has two links. One to subscribe to the podcast, and another for RSS. They don't go to the same place. One of the shows i listen to is also broadcast on radio. The narator talks about both audiences as "on the radio", and "on your M P 3 player". They never say 'podcast' or 'ipod' or anything. I mean, i'd like to be able to hear my stuff on an OGG player, but OGG players just aren't available for my car's CD player, for my pocket, for DVD players, etc., and those that do are quite expensive. I need a standard. The current standard *is* MP3 for the foreseeable future. At least MP3 doesn't seem to support DRM. When i have a headache, i take a an aspirin. I buy the generic store brand. I blow my nose using generic store brand klenex. Get over it. I’ve already seen a site that has two links. One to subscribe to the podcast, and another for RSS. They don’t go to the same place.

One of the shows i listen to is also broadcast on radio. The narator talks about both audiences as “on the radio”, and “on your M P 3 player”. They never say ‘podcast’ or ‘ipod’ or anything.

I mean, i’d like to be able to hear my stuff on an OGG player, but OGG players just aren’t available for my car’s CD player, for my pocket, for DVD players, etc., and those that do are quite expensive. I need a standard. The current standard *is* MP3 for the foreseeable future. At least MP3 doesn’t seem to support DRM.

When i have a headache, i take a an aspirin. I buy the generic store brand. I blow my nose using generic store brand klenex. Get over it.

]]> By: JClark http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5329 JClark Thu, 28 Sep 2006 18:16:09 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5329 >"Apparently Apple are going to sue my local grocer because he was >selling “Apples” ." Nope, different industries entirely, which is how MS gets away with "Windows". That's the crux of this issue, actually. Since Apple didn't actually create the term "Podcast", if it went to court it would all come down to whether or not using that term to describe a product or service could create confusion in the market place. It's not likely that anyone who is looking for an Apple computer will accidentally buy an apple. If, however, someone were to start selling "ePod" mp3 players, as an example, Apple would have good rounds to sue, and they'd be right to do so. In this case, I don't think they have a case at all, since I don't think they can show that the term Podcast creates confusion in the marketplace. Then again, when I told my mother she should check out a few podcasts I was listening to, her immediate response was "but I don't have an iPod", so who knows. >"ihave only had this ipod for a couple of months i really don’t care for >it all everything is so high priced for it and everything you put on it >apples wants it to be theirs" Say what? By "everything is so high priced for it" do you mean 3rd party accessories? Apple has no control over that. If you mean the iTunes Music Store, then the answer is simple: Don't buy songs from iTMS, no one is forcing you to. And on what grounds can you claim that Apple wants to claim ownership over everything you put on your iPod? That's a completely illogical statement, and it's simply untrue. I'm not trying to play "defender of Apple" here (I think they're wrong, and I've said so), I'm just asking for logical and truthful statements, and a little critical thinking. Is that too much to ask? >”Apparently Apple are going to sue my local grocer because he was
>selling “Apples” .”

Nope, different industries entirely, which is how MS gets away with “Windows”. That’s the crux of this issue, actually. Since Apple didn’t actually create the term “Podcast”, if it went to court it would all come down to whether or not using that term to describe a product or service could create confusion in the market place.

It’s not likely that anyone who is looking for an Apple computer will accidentally buy an apple. If, however, someone were to start selling “ePod” mp3 players, as an example, Apple would have good rounds to sue, and they’d be right to do so.

In this case, I don’t think they have a case at all, since I don’t think they can show that the term Podcast creates confusion in the marketplace. Then again, when I told my mother she should check out a few podcasts I was listening to, her immediate response was “but I don’t have an iPod”, so who knows.

>”ihave only had this ipod for a couple of months i really don’t care for
>it all everything is so high priced for it and everything you put on it
>apples wants it to be theirs”

Say what? By “everything is so high priced for it” do you mean 3rd party accessories? Apple has no control over that. If you mean the iTunes Music Store, then the answer is simple: Don’t buy songs from iTMS, no one is forcing you to.

And on what grounds can you claim that Apple wants to claim ownership over everything you put on your iPod? That’s a completely illogical statement, and it’s simply untrue.

I’m not trying to play “defender of Apple” here (I think they’re wrong, and I’ve said so), I’m just asking for logical and truthful statements, and a little critical thinking. Is that too much to ask?

]]> By: solak http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5221 solak Wed, 27 Sep 2006 00:27:45 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5221 I've commented on another discussion of this issue, but a little repetition won't hurt. Apple did not invent the term "podcast", there were lots of "pod"s of various kinds for ages before there even computers, and they should treat it as free advertising rather than confusion. The only confusion I see in the marketplace is that some potential consumers of podcasts say "oh, but I can't listen to podcasts because I don't have an iPod". How does that hurt Apple? A "pod" is some kind of storage container (pea pod). An "iPod" is an Apple-produced device for storing and presenting entertainment media. Judgement rendered. Go home. This has been another "solak explains it [tm]" production. I’ve commented on another discussion of this issue, but a little repetition won’t hurt.

Apple did not invent the term “podcast”, there were lots of “pod”s of various kinds for ages before there even computers, and they should treat it as free advertising rather than confusion. The only confusion I see in the marketplace is that some potential consumers of podcasts say “oh, but I can’t listen to podcasts because I don’t have an iPod”. How does that hurt Apple?

A “pod” is some kind of storage container (pea pod). An “iPod” is an Apple-produced device for storing and presenting entertainment media. Judgement rendered. Go home.

This has been another “solak explains it [tm]” production.

]]> By: Cheryl http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5142 Cheryl Mon, 25 Sep 2006 23:20:42 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5142 I hope Apple gets STOMPED on this and we can all share a little ... "APPLE C i DER". I hope Apple gets STOMPED on this and we can all share a little …
“APPLE C i DER”.

]]> By: Max Grant http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5140 Max Grant Mon, 25 Sep 2006 23:05:28 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5140 POD also stands for Print On Demand. Considering that many of us (like myself) are both POD casting and POD printing, they're in murky waters there. And again with the alienation of potential customers. Also, Apple got sued before because they promised to the Beatles (who had the name Apple long before they did) that they would produce no music-related products under their name. I believe a second case is still in litigation (google apple vs. beatles to see how I arrived at that conclusion). If I were going to go after them, I'd focus like a laser on this naked hypocrisy. POD also stands for Print On Demand. Considering that many of us (like myself) are both POD casting and POD printing, they’re in murky waters there. And again with the alienation of potential customers.

Also, Apple got sued before because they promised to the Beatles (who had the name Apple long before they did) that they would produce no music-related products under their name. I believe a second case is still in litigation (google apple vs. beatles to see how I arrived at that conclusion). If I were going to go after them, I’d focus like a laser on this naked hypocrisy.

]]> By: David http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5119 David Mon, 25 Sep 2006 17:52:46 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5119 Excuse my ignorance, but which came first, the podcast or the iPod? Lets all start calling podcasts something else. YouCasts? No, Google probably have that covered. If enough people start calling them something else kids will soon be asking "Why is it called an iPod, Dad?" Excuse my ignorance, but which came first, the podcast or the iPod? Lets all start calling podcasts something else. YouCasts? No, Google probably have that covered. If enough people start calling them something else kids will soon be asking “Why is it called an iPod, Dad?”

]]> By: Josh http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5100 Josh Mon, 25 Sep 2006 12:20:48 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5100 Apparently Apple are going to sue my local grocer because he was selling "Apples" . Apparently Apple are going to sue my local grocer because he was selling “Apples” .

]]> By: Dianne http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5078 Dianne Mon, 25 Sep 2006 05:30:17 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5078 So, I am only new to the whole rss and xml thing but I know that if we have this situation understood correctly, that perhaps Apple is beginning to lose sight of what made the likes of itunes great. If you start to do stupid things like this, then you risk losing a lot of business. Let's just face it, there are enough folks who are already considering boycotting these large companies because of shit like this. If you don't like what Apple is doing then send letters and emails complaining about it. Don't just stop using the product. Boycotting large companies is not enough. At least try to make your voice heard! So, I am only new to the whole rss and xml thing but I know that if we have this situation understood correctly, that perhaps Apple is beginning to lose sight of what made the likes of itunes great. If you start to do stupid things like this, then you risk losing a lot of business. Let’s just face it, there are enough folks who are already considering boycotting these large companies because of shit like this.
If you don’t like what Apple is doing then send letters and emails complaining about it. Don’t just stop using the product. Boycotting large companies is not enough. At least try to make your voice heard!

]]> By: Marc Lombart http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5077 Marc Lombart Mon, 25 Sep 2006 04:32:28 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5077 I think this stinks. And no, you should not give in by changing the name. Well, I guess you might not be able to afford to do otherwise thanks to Apple's deep pockets. Bunch of fuckers need to be spanked. I think this stinks. And no, you should not give in by changing the name. Well, I guess you might not be able to afford to do otherwise thanks to Apple’s deep pockets. Bunch of fuckers need to be spanked.

]]> By: deborah young http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5064 deborah young Sun, 24 Sep 2006 21:00:30 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5064 ihave only had this ipod for a couple of months i really don't care for it all everything is so high priced for it and everything you put on it apples wants it to be theirs, the only thing that i love about it is the podiobooks, free books to listen to, at the time if i had know what i was doing and there were other ipods to choose from it would not have been this one by the high priced conpany apple ihave only had this ipod for a couple of months i really don’t care for it all everything is so high priced for it and everything you put on it apples wants it to be theirs, the only thing that i love about it is the podiobooks, free books to listen to, at the time if i had know what i was doing and there were other ipods to choose from it would not have been this one by the high priced conpany apple

]]> By: Anemone http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5017 Anemone Sun, 24 Sep 2006 16:33:43 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5017 Ha. I hope somebody stomps on Apple's toes really hard, if they try to pull this one into court. Ha. I hope somebody stomps on Apple’s toes really hard, if they try to pull this one into court.

]]> By: Denise http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5001 Denise Sun, 24 Sep 2006 09:20:04 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-5001 would it solve the problem to simply use a "p" instead of a "P"? like "podiobooks" instead of "Podiobooks"? I agree that Apple seems to be shooting itself in the foot and possibly alienating their prospective customers. There was a knitting designer several years ago who (or her attourneys) became extreemly aggressive about the use of her name (thinking that they were protecting her designs) and she then became well known in knitting circles as "She who must not be named". would it solve the problem to simply use a “p” instead of a “P”? like “podiobooks” instead of “Podiobooks”? I agree that Apple seems to be shooting itself in the foot and possibly alienating their prospective customers. There was a knitting designer several years ago who (or her attourneys) became extreemly aggressive about the use of her name (thinking that they were protecting her designs) and she then became well known in knitting circles as “She who must not be named”.

]]> By: JClark http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4989 JClark Sun, 24 Sep 2006 04:49:42 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4989 Man, I really want to like Apple, and most of the time I do, but their legal department are a bunch of crazed carnivores. Luckily, this would never hold up in court, so long as the defense lawyer was competent. Unfortunately, if it gets that far it'll take someone with the will and the financial resources to take on Apple, something most small (or even large) companies have. Man, I really want to like Apple, and most of the time I do, but their legal department are a bunch of crazed carnivores. Luckily, this would never hold up in court, so long as the defense lawyer was competent. Unfortunately, if it gets that far it’ll take someone with the will and the financial resources to take on Apple, something most small (or even large) companies have.

]]> By: Is This Thing On? http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4986 Is This Thing On? Sun, 24 Sep 2006 04:25:05 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4986 <strong>Apple now claims trademark on “podcast”...</strong> From Podiobooks.com: On or about Friday, September 22nd, Apple (AAPL) sent a cease and desist notice to a little company called Podcast Ready, who make a nifty little take-anywhere podcatching application called myPodder. “While Apple, of course,... Apple now claims trademark on “podcast”…

From Podiobooks.com: On or about Friday, September 22nd, Apple (AAPL) sent a cease and desist notice to a little company called Podcast Ready, who make a nifty little take-anywhere podcatching application called myPodder.
“While Apple, of course,…

]]> By: Gavin http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4973 Gavin Sun, 24 Sep 2006 00:01:51 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4973 Doesn't matter if it was a horse or a bull... still stinks to high heaven. Doesn’t matter if it was a horse or a bull… still stinks to high heaven.

]]> By: Leann http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4965 Leann Sat, 23 Sep 2006 21:22:46 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4965 yes I agree, that is complete horseshit. So what's next? Are they going to go after the people involved who made "Invastion of the Body Snatchers" next? I mean they DID call them "POD people". Crikey. yes I agree, that is complete horseshit.
So what’s next?
Are they going to go after the people involved who made “Invastion of the Body Snatchers” next? I mean they DID call them “POD people”.

Crikey.

]]> By: MadJo http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4960 MadJo Sat, 23 Sep 2006 20:47:59 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4960 Apple is shooting itself in the foot here... Instead of accepting what could be seen as "free publicity", they are destroying a fledging market. But any move away from the word 'podcast' the better... It's confusing for some people... some people have already said "I can't listen to podcasts, because I don't own an iPod", which is of course not true, but you have to tell that over and over again. Apple is shooting itself in the foot here…
Instead of accepting what could be seen as “free publicity”, they are destroying a fledging market.

But any move away from the word ‘podcast’ the better… It’s confusing for some people… some people have already said “I can’t listen to podcasts, because I don’t own an iPod”, which is of course not true, but you have to tell that over and over again.

]]> By: Matthew Wayne Selznick http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4959 Matthew Wayne Selznick Sat, 23 Sep 2006 20:21:24 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4959 Evo, I can arrange an introduction to Colette Vogele of Vogele and Associates -- and one of the authors of the Legal Guide for Podcasters. Intellectual property is her specialty. Contact me through LinkedIn, or just directly, and we'll go from there. Evo, I can arrange an introduction to Colette Vogele of Vogele and Associates — and one of the authors of the Legal Guide for Podcasters. Intellectual property is her specialty. Contact me through LinkedIn, or just directly, and we’ll go from there.

]]> By: Buck Link http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4953 Buck Link Sat, 23 Sep 2006 17:54:01 +0000 http://www.podiobooks.com/blog/2006/09/23/apple-now-claims-trademark-on-podcast/#comment-4953 how about changing the name to Paudiobooks.com and thumbing your nose at apple's bu11sh1t attorneys ;-) how about changing the name to Paudiobooks.com and thumbing your nose at apple’s bu11sh1t attorneys ;-)

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