ipod

11/01/2007, 12:20pm, EDT

Thursday, November 1st

ModMyiPhone gets 'cease & desist' from Apple

ModMyiFone.com, formerly ModMyiPhone.com, this week announced a change in its name and website URL, due to legal pressure from Apple. Although the summary posted in its forums indicate that Apple does not believe ModMyiFone.com is intentionally trying to confuse anyone by using the term iPhone in its name, Apple is still requiring the site to comply with its demands so that customers are not under the impression that ModMyiFone.com is affiliated with the electronics manufacturer.

The dispute revolves mainly around the usage of the term "iPhone", but Townsend and Townsend and Crew – Apple's legal representatives – claim that the enthusiast site must "cease and desist" from using any product photography or intellectual property related to Apple Inc., including its famous logo. Also, the site is required to take away its "iPhone Topsites" section, despite the content being beyond ModMyiFone.com's control, since many of the links contained Apple logos or other forbidden items.

Apple is notoriously protective of its brands and intellectual properties, having previously gone so far as to trademark the word "pod". The company is not shy about confronting entities with such disputes, even when dealing with local, unincorporated businesses.

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climacs

legal bullies

11/01, 12:49pm, EDT

I think they are taking this a little too far, just my $0.02

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Eriamjh

total bullshit

11/01, 1:16pm, EDT

Fair Use baby, just like BESTBUYSUCKS.com.

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climacs

re: total BS

11/01, 1:37pm, EDT

sadly, the ability to harass the little guy with the threat of expen$!ve litigation by hordes of well-paid corporate attorneys can trump fair use.

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TheSnarkmeister

Transition...

11/01, 3:55pm, EDT

Steve Jobs is behaving less and less like a liberal advocate for "the rest of us" and more and more like a troll sitting on his horde of gold. The site in question isn't damaging Apple in any significant way. Jobs and his lawyers are harassing them out of spite and greed. Strange how a few billion dollars can turn a man from a principled liberal into a greedy conservative. (And don't pester me about his liberal friendships and crumbs-to-the-masses donations, all they do iis highlight hypocrisy; action speak far louder than words.)

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hayesk

Protecting trademark

11/01, 4:14pm, EDT

You have to show that you are protecting your trademark or you will lose it. If Apple allows this, and later someone tries to use i-Phone.com or AppleiPhone.com, then they can claim Apple is ok with letting people use their trademark, and cite this as an example.

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TheSnarkmeister

Partially right...

11/01, 7:17pm, EDT

The defending trademark is only partially true. It mostly applies only in cases where there isn't a shipping product and there is a pattern of abandonment. That isn't the case with Apple, never has been.

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UberFu

I would have...

11/02, 10:22am, EDT

called it ModMiPhone.com

as in 'Mod Mi Phone'

yeah - that still might get Apple's panties in a bunch tho_

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