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Apple Goes After the Term 'Podcast'

Posted by ryuzaki0 on from the lots-of-frustrated-casters-out-there dept.

Udo Schmitz writes "Earlier this year, Apple went up against companies using the word 'pod' in their product names. Now, Apple is going after the term 'podcasting'. Wired has the complete text of Apple's cease-and-desist letter to Podcast Ready." From the article: "Robert Scoble -- whose own company, PodTech, may be at risk in this witch hunt -- has weighed in on the issue by suggesting that the tech community as a whole adopt other terms like "audiocast" and 'videocast' (or alternately, 'audcast' and 'vidcast') to describe this type of content, while other folks feel that fighting Apple and generating a ton of negative press for Cupertino is the best solution. Our take? Apple should be happy that its golden goose is getting so much free publicity, and if it isn't, we know of several companies that probably wouldn't mind if zencast, zunecast, or sansacast became the preferred terminology."

7 of 419 comments (clear)

  1. There goes my week! by dada21 · · Score: 4, Insightful

    I guess I won't be able to drink coffee, take photos and work on my ninja talents.

    Trademarks are ridiculous when they're normal, everyday words. While I don't support trademark law, I can understand "Xerox," but pod? Come on.

    1. Re:There goes my week! by ari_j · · Score: 5, Insightful

      The problem is that "podcasting" comes directly from the iPod name and confuses a vast majority of consumers. Unlike possibly a pod of whales, here the term actually is confusing and misleading. You would think that Apple would like the public thinking that podcasting is dependent upon (or has anything to do with) iPods, but I think their fear is that the term commoditizes iPods. They don't want iPod to become the next pliers, band-aid, or other generic term that was once a trademarked brand name. Moreover, they don't want people who ask for iPods for Christmas to get their competitors' products.

    2. Re:There goes my week! by cfulmer · · Score: 4, Insightful

      I dispute the second half of your premise -- I haven't found anybody who is both (1) familiar with the term and (2) associates it with Apple.

      I'd argue that the word "podcast" is already generic -- are there any audio blogs that don't call themselves podcasts?

    3. Re:There goes my week! by sammy+baby · · Score: 5, Insightful
      I think you've just argued Apple's point for them. The word "iPod" is clearly and appropriately associated with Apple, and they have a trademark on it. The word "podcast" comes directly from "iPod," and yet isn't associated with them. A lawyer could easily argue that this is dilution of trademark.

      (Warning: IANAL)

      Another thing to remember: trademark isn't like copyright. Copyright requires no special action for you to initiate: your works are copyrighted to you, unless you sign those rights over to someone else, and copyright notices only serve to notify the people of your right. Trademarks, on the other hand, need to be registered and filed, often in multiple countries if you're a big company. In the US, if you get a trademark and don't defend infringements upon it in court, the courts can hold that your trademark has been invalidated.

      So in other words: if Apple doesn't do this, they may risk losing the trademark on the word "iPod." I think you can understand why they'd consider this bad.

      I'd argue that the word "podcast" is already generic -- are there any audio blogs that don't call themselves podcasts?


      Uh - yes.
    4. Re:There goes my week! by 99BottlesOfBeerInMyF · · Score: 5, Insightful

      Apple is a trademark whore. They seem sue anybody using a term that might be related to thier products even if the term itself is not trademarked. But they don't concern themselves at the onset. They wait to see if something actually becomes popular to send in the wolves.

      Bullshit. Apple likes the fact that the term podcast is popular and based on their existing brand. It is as though everyone started calling modding pickups for racing toyotafizzing. Toyota would be cool with that too. The problem is when another company or companies apply for trademarks that include your trademark and try to lock down terms to that only they can sell things in that market. If some company tried to trademark the term "Toyotafizzle" to use in their aftermarket mods of all trucks, not just Toyotas, you can bet your sweet ass Toyota would send them a nasty letter in short order too.

  2. About Time by joshetc · · Score: 5, Insightful

    I'm so glad to see them doing this. I must say the term "podcast" has to be one of the most annoying buzzwords I've ever heard.

  3. Good luck apple. by Lumpy · · Score: 4, Insightful

    It is a generic term now and only a judge that is either mentially retarted or paid by apple to be corrupt would see it any other way.

    On the other hand, is the management at apple losing their grip? they should have told the legal department to back off on things that benefit them heavily.

    --
    Do not look at laser with remaining good eye.