Katonian Press - Fresh off a recent wave of cease-and-desist orders sent to podcasting websites, lawyers for Apple Computer Inc. (APPL) have announced they plan to "actively and aggressively pursue the protection of their trademarks, particularly with regards to the iPod brand". The object of their ire a week ago was website Podcast Ready which serves as a place where users can easily find and manage podcasts. Apple took issue with their name, and the name of their product ("myPodder") and sent them a legal notice warning them of their infringement. Now it seems that Steve Jobs' team of sharks has bigger prey in their sights.
This week, Apple lawyers sent dozens of notices in an attempt to "protect their brand fidelity" by scaring off those whose language treads too close to the name of the popular digital music player. The majority of these letters were aimed at oceanographic institutes, including the Scripps Institute of Oceanography, the National Oceanographic and Atmospheric Administration, Sea World, and dozens of public aquaria across the United States. The cease and desist read, in part:
Apple recently learned that your organization uses the term "pod" to refer to groups of cetaceans (notably whales, dolphins, and porpoises) in your literature, public displays, on your website, and in other print, audio, and visual publications.... Apple is concerned that use of the term "pod" by your organization and clients is likely to confuse consumers into mistakenly believing Apple is associated with your organization or services.... As you may be aware, Apple has used its IPOD mark since at least as early as October 2001. Since that time, the IPOD trademark has rapidly become famous. Moreover, the term POD has also been adopted and used extensively in the marketplace by consumers as an abbreviation to refer to Apple's IPOD player. Apple has spent a great deal of time and money to build up considerable worldwide recognition and goodwill in its POD and IPOD marks.... Your use of "pod" contains Apple's POD mark in its entirety and appears to have been chosen intentionally to capitalize on the fame and goodwill of Apple's marks.... Based on the likelihood of confusion and dilution, we must insist that you withdraw your use of the term "pod" and refrain from all future use of the mark.
The oceanographic community was stunned by the letters and uncertain of how to proceed.
"We have no choice but to comply and come up with a different name," said Dr. Luther Burbank, director of Idaho's Russet Aquarium. "I've already told Carl, the janitor, to go around and pry up all the placards and scrape off the offending text from some of the displays. We're just a small aquarium, we can't fight this. Maybe Denver or Baltimore with their big-city money, but not us."
Big names, too, have weighed in on the issue. Shamu, famous killer whale and U.S. spokesorca, delivered a statement from her home in Orlando, Florida.
"Although my kin rarely involve ourselves in the affairs of humans, I would be remiss if I did not speak in support of oceanographers across the country [with regards to the Apple situation]. In the tongue of my people there is, of course, a word for a gathering of individuals. Your primitive vocal apparatus is incapable of reproducing the complex sound, and you have not the patience for it, as it takes a very long time to say anything in old whalish. As such, we accept your term "pod" as a simplistic, but reasonable substitute. As to the claim that Apple asserted its IPOD dominance in 2001... my people asserted their dominance around 50 million years ago." She added, "Besides, I'm pretty sure Steve Jobs eats like a plate of dolphin meat a day. Oh, I'm such a bitch! And if you liked that, you love my new show,
Believe, playing at Sea Worlds across the country."
Apple lawyers also sent cease-and-desist notices to alternative bands The Breeders and Ween. Neither were available for comment as of the printing of this article.
In related news, software giant Microsoft (MSFT) has announced that once their legal team has returned to full strength (many members were casualties of the ongoing war with the European Union) it will be pursuing trademark infringement cases concerning its line of video game consoles. Sources say that notices have already been sent to UPS, Fed-Ex, and the United States Postal service over their use of the word "box".