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Apple Sues Over iGasm Ads

funkeymonkeyman writes "Apple is less than pleased with an interesting new peripheral for the iPod which promises to 'take your appreciation of music to a whole new level.' Legal action has been taken against Ann Summers, the manufacturers of the new device, specifically for the similarity of the iGasm advertisements to the iconic iPod silhouette ads. The CEO of the adult retail chain replied to the threat cheerily, 'Perhaps I can send them an iGasm to put a smile back on their faces.'"

342 comments

  1. I don't know about you by Anonymous Coward · · Score: 5, Funny

    But iCame.

    1. Re:I don't know about you by instagib · · Score: 0, Redundant

      ROFL!! Best AC first post joke I've seen.

    2. Re:I don't know about you by Rude+Turnip · · Score: 5, Informative

      How about...i'llgetfiredprobablytomorrowforfollowingaN SFWlinkfarkyouneal

    3. Re:I don't know about you by Benaiah · · Score: 1, Insightful

      You can't patent the letter "i" or any word that starts with "i".
      There is nothing wrong with what this chick is doing.
      Its only available in adult shops... This is just corporate bullying.

    4. Re:I don't know about you by Bob+of+Dole · · Score: 2, Insightful

      Apple is upset because of the ADS, not because of the name or the product.
      She's using the colored background + black silhouettes style of their iPod ads.

    5. Re:I don't know about you by Anonymous Coward · · Score: 0

      You can't patent the letter "i" Your first sentence demonstrates such a lack of understanding of the issue that there's no need to read the rest of your post.
    6. Re:I don't know about you by Zemran · · Score: 2, Funny

      even though everyone else iGnored you...

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    7. Re:I don't know about you by Bob+of+Dole · · Score: 1

      I wasn't defending Apple, I was just correcting the poster about what Apple was upset about.
      I think it's silly that Apply can sue for that, especially since I run a site containing a few hundred iPod parody ads :)

    8. Re:I don't know about you by Benaiah · · Score: 1

      Once again my point is this is corporate bullying. I know that /. has a lot of mac and linux fanbois. Well I'm just a windows hater. And I guess just as much as a Mac hater. Same corporate shit only way less successful.

      So Apple is pissed that someone is making money off their back. Are the going to release their own iviberator? or are they just joining in the sue everyone game? Who cares, the ad is a parody and that's that. Everyone knows its a parody and hey, maybe more people will buy ipods to use with their vibrators.

    9. Re:I don't know about you by 1u3hr · · Score: 4, Insightful
      Who cares, the ad is a parody and that's that.

      The ad is a parody, but the iGasm is an actual product (unless it's a hoax?). Parody is a defence for copyright infringement. This would be about trademark and patents. Since they're actually selling goods which are obviously meant to suggest an iPod style, it probably does infringe.

    10. Re:I don't know about you by PopeRatzo · · Score: 4, Funny

      It's OK, you hate that job anyway.

      --
      You are welcome on my lawn.
    11. Re:I don't know about you by julesh · · Score: 2, Informative

      Parody has successfully been used as a defence against trademark infringements, also. See this excellent article on the subject. It seems tricky to make the defence work, but it can be done.

    12. Re:I don't know about you by cenonce · · Score: 4, Informative

      The ad is not a parody and to suggest that it is simply because it is posted on Slashdot (where everything is "fair use", "prior art" and "parody"!) is nonsense. For a parody defense to work, she needs to be making some kind of commentary about the original product. She is actually advertising her product for use with an iPod! Read a case like Acuff-Rose for parody in copyright. If she is taking Apple's "sillhouette ads" and copying them to advertise her "device", it is copyright infringement, pure and simple. Heck, she could be advertising tires and it would be copyright infringment.

    13. Re:I don't know about you by pla · · Score: 3, Interesting

      The ad is not a parody

      She called the thing an "iGasm"! If you don't see the parody there, consider yourself officially humor-impaired.


      If she is taking Apple's "sillhouette ads" and copying them to advertise her "device", it is copyright infringement, pure and simple.

      True. But she didn't just take Apple's ads and copy them - She took the style of Apple's ads (remember Apple losing that suit 15 years ago to Microsoft?) and parodied it, albeit for the purpose of promoting her own product.

    14. Re:I don't know about you by squiggleslash · · Score: 4, Interesting

      Would it be too much to ask for you guys to stop applying American law to a British legal case? Parody is not a defense for copyright infringement in the UK. Parody is "fair use" in the US due to the difficulty of reconciling copyright law and the first amendment, but there is no first amendment in the UK, so the only opt-outs in UK copyright law are specifically legislated concepts called "fair dealing", and pretty much 90% of what is considered fair use in the US is not legislated as "fair dealing" in the UK.

      --
      You are not alone. This is not normal. None of this is normal.
    15. Re:I don't know about you by 1u3hr · · Score: 2, Insightful
      The ad is not a parody

      Yes it is. If she is taking Apple's "sillhouette ads" and copying them to advertise her "device", it is copyright infringement, pure and simple

      No it's not. She's not "copying" them in the digital sense, which would be an infringement, but imitating. You can't copyright a style of advertisement. Considering how ads blatantly steal (or are "inspired by") other ads all the time, this is obviously accepted practice.

    16. Re:I don't know about you by TheRaven64 · · Score: 2, Interesting
      If they're looking for people to sue...

      Last time I was in NYC, I stayed in the 'Pod Hotel' (which I'd recommend to someone looking for a cheap place to stay). They had silhouette people dancing on screens in the foyer, and seemed to be using the iPod association to strengthen their brand a lot.

      --
      I am TheRaven on Soylent News
    17. Re:I don't know about you by TheRaven64 · · Score: 1

      I suggest you look up 'derived work' in your legal dictionary.

      --
      I am TheRaven on Soylent News
    18. Re:I don't know about you by Anonymous Coward · · Score: 2, Interesting

      Uh, unless apple now somehow has copyright over every possible combination of a silhouette on a colored background, this is false, and what happens when people start thinking of "intellectual property" instead of the separate patent, copyright, and trademark fields.

      Unless the iGasm ads are traces or otherwise exactly like the iPod ads, then I think it's fairly clear that the ad isn't "copied" (not a copyright infringement) and is either use of a trademark to indicate compatibility or a product being sold in an entirely different field from iPods and therefore not confusing (not a trademark infringement).

    19. Re:I don't know about you by Stewie241 · · Score: 2, Funny

      But doesn't confusion go right out the window when the product is an iGasm? I mean... come on... are people that stupid that they would think Apple would produce a vibrator?

    20. Re:I don't know about you by GnuDiff · · Score: 1

      Well, the number one reason for the lawsuit might actually be that Apple actually WILL be producing a vibrator...

    21. Re:I don't know about you by 1u3hr · · Score: 1
      I know about "derived works". If that held for advertising, you could bust 90% of ads in any magazine or on TV. Originality is rare in advertising.

      As I said, the object itself may infringe trademarks or patents, but copyright on ads doesn't come into it.

    22. Re:I don't know about you by MarsBar · · Score: 3, Funny

      So you bunch of Apple fanboyz all agree that Apple's in the right?

      Shock!

    23. Re:I don't know about you by mdwh2 · · Score: 1

      If she is taking Apple's "sillhouette ads" and copying them to advertise her "device", it is copyright infringement, pure and simple.

      They aren't doing that. It's a trademark issue, not copyright.

    24. Re:I don't know about you by SailorRipley · · Score: 3, Funny

      thank god the "experts" at the apple product store are absolutely convinced Apple has an airtight case here...I was starting to worry nobody did

      --
      Chance favors the prepared mind...especially when you Question Authority
    25. Re:I don't know about you by Hatta · · Score: 4, Insightful

      Which link is NSFW? There's no nudity or bad language on the iGasm page.

      --
      Give me Classic Slashdot or give me death!
    26. Re:I don't know about you by Hognoxious · · Score: 4, Insightful

      We discussed this the other day at work (apple product retailer) [...] Everyone agreed however, that the silhouette ad all by itself was infringing
      Everyone, as in a bunch of shop assistants? Pardon me if I'm not convinced.

      The cocky response from the iGasm rep
      Don't really need to comment.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    27. Re:I don't know about you by Just+Some+Guy · · Score: 5, Insightful

      This isn't Fark. Either man up and tell your boss about something funny you saw so that he hears about it first from you, or take some responsibility for yourself and don't click links in a story about a sex toy.

      --
      Dewey, what part of this looks like authorities should be involved?
    28. Re:I don't know about you by sunami88 · · Score: 2, Insightful
      --
      Sex. Drugs, and Unix.
    29. Re:I don't know about you by geekoid · · Score: 1

      COpying something to sell a product or service is not a parody.

      If the product was not real, then it would be a parody.

      Pasody doesn't mean you can copy stuff willy nilly.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    30. Re:I don't know about you by Chris+whatever · · Score: 1

      you could get hurt if you listen to speed metal

    31. Re:I don't know about you by Anonymous Coward · · Score: 0

      iCame, iSaw, iWon?

      Hmm.. Veni Vidi Vici.. Would that mean that latin for iPod is siliquaei?

    32. Re:I don't know about you by Anonymous Coward · · Score: 0

      Gnored!

      --
      Pinky

    33. Re:I don't know about you by megaditto · · Score: 2, Funny

      I am gonna sue them too for stealing my idea.

      I have always said that the iPod fanboys/girls should shove it.

      --
      Obama likes poor people so much, he wants to make more of them.
    34. Re:I don't know about you by bckrispi · · Score: 1

      I have always said that the iPod fanboys/girls should shove it.
      Well, thanks to the iGasm, they can!
      --
      Xenon, where's my money? -Borno
    35. Re:I don't know about you by Traa · · Score: 1

      even though everyone else iGnored you...

      If you say it the way I read it "I...Gnored you" it sounds dirty! :-)

    36. Re:I don't know about you by Anonymous Coward · · Score: 2, Informative

      The summary said, "an interesting new peripheral for the iPod". I agree with you that the words "sex toy" should have been featured prominently.

      Good thing it wasn't really NSFW. Even the advert in question isn't NSFW in my opinion: advert (possibly NSFW)

    37. Re:I don't know about you by aichpvee · · Score: 1

      It's like I always say, "If I ever need a lawyer the first place I'll look is an apple product dealer!"

      --
      The Farewell Tour II
    38. Re:I don't know about you by utopianfiat · · Score: 1

      Silhouettes are untrademarkable
      Ads are uncopyrightable
      and nothing in here is patentable
      plus I'm sure Miss Summers is making enough money off of daddy's-money-12-year-old-girls' sexual needs to assert these things in court.

      --
      +5, Truth
    39. Re:I don't know about you by Just+Some+Guy · · Score: 0, Redundant

      I agree with you that the words "sex toy" should have been featured prominently.

      Umm, I don't agree with that at all. The title of the article included the word "iGasm". What did you think it would be about?

      Again, take some responsibility for yourself. The Internet is a wild place - learn to think critically if it's that important to you not to click a "NSFW" link.

      --
      Dewey, what part of this looks like authorities should be involved?
    40. Re:I don't know about you by aminorex · · Score: 1

      But copyright does not protect *ideas*. It only protects a specific expression. Apple can't copyright the use of silhouettes, which have been in use in art for thousands of years.

      --
      -I like my women like I like my tea: green-
    41. Re:I don't know about you by Anonymous Coward · · Score: 0

      I don't think the iGasm infringes on any Apple patent. As for the trademark infringement, Do you think a moron in a hurry would confuse the two products?

    42. Re:I don't know about you by Omnifarious · · Score: 1, Interesting

      I think I agree with you. I someone copied the Geico Gecko, that would be trademark violation and/or copyright infringement. But if someone has a cute little talking animal advertising their low-price insurance, that isn't. This is the second case, not the first.

    43. Re:I don't know about you by Trogre · · Score: 1

      No, but the page is showcasing a tool thats sole purpose is sexual stimulation for perverted masturbators. ie Not that different from porn.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    44. Re:I don't know about you by bean123456789 · · Score: 1

      perhaps they should use the chewbacca defense instead?

    45. Re:I don't know about you by mkiwi · · Score: 1

      I'm surprised there hasn't been a Zune add-on for their "squirt" feature....

  2. No bad publicity by farker+haiku · · Score: 4, Interesting

    And suddenly she's going to make a shitload of money because of the lawsuit.

    --
    Your sig(k) has been stolen. There is a puff of smoke!
    1. Re:No bad publicity by sunwukong · · Score: 2, Funny

      Yike -- poor choice of words! How soon until iTubGirl?!

    2. Re:No bad publicity by chuckymonkey · · Score: 4, Funny

      Exactly, I never heard of it before this. Now I'm going to buy one for my wife just to see it in action.

      --
      "Some books contain the machinery required to create and sustain universes."-Tycho
    3. Re:No bad publicity by mrbluze · · Score: 2, Funny

      And suddenly she's going to make a shitload That has to stink!
      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    4. Re:No bad publicity by solanum · · Score: 1

      Ann Summers is a retail chain (they have highstreet shops), and if a real Ann Summers started it she no loner runs it. I think they make enough money that whilst this publicity may improve sales of this product it won't make much difference to their bottom line.

      --
      Si hoc legere scis nimium eruditionis habes.
    5. Re:No bad publicity by AGMW · · Score: 4, Funny
      I think they make enough money that whilst this publicity may improve sales of this product it won't make much difference to their bottom line.

      He He. HeHe. Bottom. He He.

      --
      Eclectic beats from Leeds, UK
      handmadehands.co.uk
    6. Re:No bad publicity by rtyall · · Score: 5, Funny

      See "Wife", Read "self".
      See "just to see it in action", read "to replace the electric toothbrush".
      Sorry, saw the joke and took it.

    7. Re:No bad publicity by Anonymous Coward · · Score: 0

      be sure to post a link to the videos,
      my friend said it's awesome to watch her have an orgasm

    8. Re:No bad publicity by edizzles · · Score: 0

      Ya by the time this gets to court she will have sold out her whole stock GG /.

    9. Re:No bad publicity by That's+Unpossible! · · Score: 1

      Yeah but... where did you take it?

      --
      Ironically, the word ironically is often used incorrectly.
    10. Re:No bad publicity by IX+SICK+ECHO+XI · · Score: 1

      I have a sense of humor and that's not funny, not in the least. Electric toothbrush?

      --
      This thing of darkness I Acknowledge mine.
  3. Let me correct that headline for you. by Whiney+Mac+Fanboy · · Score: 5, Insightful

    Headline should read:

    Apple's usual litigation-trigger-happy attitude has netted an incalculable amount of free publicity to Anne Summers.

    I can't really see how Apple can claim some sort of copyright over silhouettes. I mean - the original iPod adds seemed very.... reminiscent of the James Bond opening credits sequences from the 70s.

    Perhaps Apple is jealous that the Anne Summers' logo also contains an Apple.

    --
    There are shills on slashdot. Apparently, I'm one of them.
    1. Re:Let me correct that headline for you. by Xiroth · · Score: 5, Insightful

      To be honest, I seriously doubt they actually care - popular peripherals can only increase the demand for their products. All they're doing is ensuring that there's a clear gap between them so that if some think-of-the-children types kick up a fuss then they can say 'We have nothing to do with them - look, we even tried to shut them down via lawsuit.'

      This kind of publicity helps both parties, and I say more power to them if the media is running with it.

    2. Re:Let me correct that headline for you. by Boogaroo · · Score: 4, Insightful

      This wouldn't be a copyright issue. You can't copyright a style, but you can trademark it. There's still a catch there. You have actively defend your trademark or you lose it. You also have to apply for a trademark(unlike copyright where it's automatically a given). I think Apple's on the losing side of this issue. After all, you've pointed out one other example of the same idea. I'm sure it won't be hard for a decent lawyer to come up with a few more.

      Honestly? I agree with your point: Apple has just given tons of free advertising to the iGasm product.
      Regardless of any result of the lawsuit, they'll probably have quite a few sales they wouldn't have gotten. Question is, will it pay more than the lawyer's fees.

    3. Re:Let me correct that headline for you. by robgig1088 · · Score: 1

      I dont think it matters whether they lose or win. I think the lawsuit is just to let people know that hey, they arent a part of it and they dont support it. Its just an image thing. They dont want people thinking that Apple sells a waterproof massager.

    4. Re:Let me correct that headline for you. by c_forq · · Score: 1

      If I had mod points, you would get +1 Insightful.

      --
      Computers allow humans to make mistakes at the fastest speeds known, with the possible exception of tequila and handguns
    5. Re:Let me correct that headline for you. by Whiney+Mac+Fanboy · · Score: 3, Insightful

      You can't copyright a style, but you can trademark it.

      No. You can't trademark a style.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    6. Re:Let me correct that headline for you. by mwvdlee · · Score: 1

      Let me correct that headline again;

      "Apple Sues Over Advertising Copy-Cats".

      This seems more about the fact that they're stealing their advertising style than about whether it's a sex toy. The ads are a blatant ripoff; basically they are identical except for the wires leading a different direction. Don't you think Apple would have sued just as much if the ads were about headphones or such?

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    7. Re:Let me correct that headline for you. by fractoid · · Score: 5, Insightful

      I can't really see how Apple can claim some sort of copyright over silhouettes. I mean - the original iPod adds seemed very.... reminiscent of the James Bond opening credits sequences from the 70s. Isn't that Apple's approach to all of their 'revolutionary' stylistic stuff? "We stole it first. You can't have it!"
      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    8. Re:Let me correct that headline for you. by TheVelvetFlamebait · · Score: 1

      I can't really see how Apple can claim some sort of copyright over silhouettes. I mean - the original iPod adds seemed very.... reminiscent of the James Bond opening credits sequences from the 70s.
      For the same reason that the latest Hollywood blockbuster can be copyrighted, even though it contains nothing original. "Shooter", I'm looking at you.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    9. Re:Let me correct that headline for you. by Achromatic1978 · · Score: 2, Insightful

      It helps both parties? I can't believe you see no issue with Apple causing another entity that is not even a competitor at least several tens of thousands (if not hundreds, indeed if not millions) in legal costs for the potential to be able not to offend the easily offended.

    10. Re:Let me correct that headline for you. by Anonymous Coward · · Score: 0

      Perhaps Apple is jealous that the Anne Summers' logo also contains an Apple.

      Uh, that's not jealousy, it's them protecting their trademarked logo. And if they don't bother to protect it, then they're liable to lose it.

    11. Re:Let me correct that headline for you. by AGMW · · Score: 1
      They dont want people thinking that Apple sells a waterproof massager.

      Waterproof? I've not heard it called that before.

      --
      Eclectic beats from Leeds, UK
      handmadehands.co.uk
    12. Re:Let me correct that headline for you. by Carthag · · Score: 1

      It'll get settled out of court and apple will pay the lawyer costs. Win-win!

    13. Re:Let me correct that headline for you. by suv4x4 · · Score: 1

      To be honest, I seriously doubt they actually care - popular peripherals can only increase the demand for their products. All they're doing is ensuring that there's a clear gap between them so that if some think-of-the-children types kick up a fuss then they can say 'We have nothing to do with them - look, we even tried to shut them down via lawsuit.'

      This kind of publicity helps both parties, and I say more power to them if the media is running with it.


      I've always admired the people who can mix and match random pieces to arrive at weird conspiracy theories. Yea, Apple did it so they can claim differentiation, and make iGasm popular, and thus the iPod! Perfect sense, it makes!

      FYI most people don't sit on their computers all day long, reading the latest about lawsuits from Apple. To really differentiate, Apple has to force the offending company to differentiate itself from Apple by not imitating their branding.

      As for advertisement, do you honestly think iGasm can increase the demand for iPod :P? I honestly don't get those "products". Now, I'm a guy, really, but a vibrator attached to.. an iPod? Jesus Christ. It's almost as ridiculous as the "sex organ" peripherals some jerk tried to sell for PC-s earlier this century (I know there were lots of fake ones, but there are also real ones). It's like a bad episode from LEXX.

    14. Re:Let me correct that headline for you. by fucksl4shd0t · · Score: 2, Funny

      Well, I'm considering one now. For my wife, of course. I've always wanted to wire my wife's vibrator to my guitar, only she doesn't have one. :(

      --
      Like what I said? You might like my music
    15. Re:Let me correct that headline for you. by Builder · · Score: 1

      They can't claim copyright, but they could claim trademark violation. I'm not sure if they trademarked their iPod ad images, but the shadow image with the white cables would most likely constitute a trademarkable image. I think that they call this Trade dress (Trade dress is the totality of elements in which a product or service is packaged or presented.)

      See http://www.ipwatchdog.com/trademark.html for more

      IANAL

    16. Re:Let me correct that headline for you. by Builder · · Score: 1

      Maybe he didn't mean style - maybe he meant trade dress, but didn't know the correct term. In any event, you can definitely trademark something like that shadow images with white cables in 'mobile' positions as a totality.

    17. Re:Let me correct that headline for you. by jone1941 · · Score: 1

      Or maybe it's like the real movie Barbarella. Space...check, sex....check! Seriously what kind of geek are you?

      The Pleasure Organ

      --
      Fear trumps hope and ignorance trumps both
    18. Re:Let me correct that headline for you. by bryan1945 · · Score: 1

      Oddly enough, I'm wondering what doesn't your wife have?

      Guitar
      iPod
      vibrator
      ? :)

      Thanks folks, I'll be here all weekend!

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    19. Re:Let me correct that headline for you. by GreggBz · · Score: 1

      Really, that style has been around for a long time.
      Check out this 14 year old Amiga demo

      It practically is an iPod commercial.

    20. Re:Let me correct that headline for you. by Altus · · Score: 2, Insightful


      by copying the advertising they are making it look like the accessory is some how related to apple when it is not. Now they may be within their rights using the advertising style but apple is within their rights to challenge that use. If their adds were different (and from what I have read apple made a legitimate attempt to get them to change it before filing this suit) there would be no law suit.

      This really isn't that unreasonable. They designed those adds to look like apples and apple doesn't want them to do that. They had a chance to avoid going to court and chose not to. If the judge decides that apple is totally off base apple will likely end up paying the legal fees. Your just looking for something to be indignant about here. This isn't that interesting of a story.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    21. Re:Let me correct that headline for you. by megaditto · · Score: 1

      husband

      --
      Obama likes poor people so much, he wants to make more of them.
    22. Re:Let me correct that headline for you. by moogleii · · Score: 1

      That reminds me of the Intel/apple commercial vs the Postal Service music video.

    23. Re:Let me correct that headline for you. by 99BottlesOfBeerInMyF · · Score: 1

      Apple's usual litigation-trigger-happy attitude has netted an incalculable amount of free publicity to Anne Summers.

      I have a more accurate one yet: "Anne Summers nets free publicity by abusing trademarks."

      Your headline is flawed in that, it implies Apple was the one initiating things and in that Apple is "trigger-happy" instead of simply responding as the law requires them to do so for due diligence.

      I can't really see how Apple can claim some sort of copyright over silhouettes.

      They can claim copyright over their silhouettes, but not silhouettes in general. This case, however, is about trademarks. It is perfectly reasonable to assume that because of the combination of the name being similar to many Apple products and the advertising being a clone of Apple's and because an Apple product is used in conjunction with this device, that this product is made by the same company as the iPod, i.e. Apple. This is intentionally misleading the consumer and this case is not even a close one in the eyes of the law (or wouldn't be in the US, not sure about UK).

      So here's what will happen. Apple sent the letter. Ann eSummers will maybe delay a bit and then they will comply having garnered free publicity. Here is why Apple did this. It is defending their trademarks so they don't lose it. If Apple did not respond to this, then in a few weeks some other company could release an iPod competitor, perhaps called the iMusic or iPlayer. They could then use advertisements very similar to Apple's and if Apple tried to take them to court, despite the fact that consumers were being misled into buying knock-offs, Apple would lose when the knock-off maker pointed out this product/campaign that Apple did not respond to.

    24. Re:Let me correct that headline for you. by mr_matticus · · Score: 1

      It's called staff counsel. Companies, particularly sex toy ones (they get sued a lot), all have in-house legal teams. They get paid regardless. While there are filing costs and outside counsel costs, the expense is not tremendous. The sad and tired "$MILLIONS for a poor mother to defend herself against $VILLAIN" line is just getting old. This is a corporation that can afford to advertise its products on a scale for people to notice. They knew they were getting themselves into potentially hot water when they started the campaign. That cost is a calculated risk.

      Moreover, the increased sales from the lawsuit alone could easily cover their costs.

    25. Re:Let me correct that headline for you. by bean123456789 · · Score: 1

      amplifier! Bass notes!

  4. wow.. by nothing+now · · Score: 0

    'love egg' call it a it is people. Here's a new name... the vibrator!
    I sugguest Slayer for your 'fun'

  5. Revenge by Tablizer · · Score: 3, Funny

    Rather than sue, Apple can fight fire with fire by introducing the OrgPod.

    1. Re:Revenge by hitmanWilly1337 · · Score: 1

      I was thinking more along the lines of iProbe...

    2. Re:Revenge by plover · · Score: 1

      Don't forget the iBrator.

      --
      John
    3. Re:Revenge by Lazerf4rt · · Score: 1

      Just a matter of time before Microsoft announces its Orga-Zune. (In brown.)

      Wait till you hear Ballmer's quote about THAT one!

  6. Only suing vibrators? by adona1 · · Score: 5, Informative

    Personally, I'm surprised they haven't started suing the iGoatse...which almost makes me wish I had an iPod ;)

    --
    Between the falling angel and the rising ape
    1. Re:Only suing vibrators? by Tablizer · · Score: 3, Funny

      Personally, I'm surprised they haven't started suing the iGoatse [link]...which almost makes me wish I had an iPod ;)

      iNot gonna click that link. Volunteers?

    2. Re:Only suing vibrators? by Anonymous Coward · · Score: 0

      It's an iPod cover reminiscent of everyone's favorite gape. Strangely, it doesn't make you look any gayer than the iPod already did.

    3. Re:Only suing vibrators? by veganboyjosh · · Score: 1

      i clicked it. it's a cover for an ipod, with the click wheel exposed by a pair of hands pulling apart a...hole. pretty funny, and not any grosser than that picture of "god's" hands pulling apart the sky. a reference that the only people who would think is gross would be people who know wtf goatse is.

    4. Re:Only suing vibrators? by jcgf · · Score: 1

      I checked it out, it's just an ipod cover designed in such a way to look like fingers holding open the part where the wheel is. The cover in question is pink and not at all realistic looking. Take a look, it isn't gross or disturbing at all.

    5. Re:Only suing vibrators? by Tatisimo · · Score: 1

      Nothing shocking. Only a bad joke for an ipod cover referencing to that one site. I've seen it before. You'd never get it if you didn't know what that site was about anyway.

      --
      Give Kashyyyk back to the Wookies
    6. Re:Only suing vibrators? by Lehk228 · · Score: 4, Funny

      it works better on the black ipod with the red click wheel

      --
      Snowden and Manning are heroes.
    7. Re:Only suing vibrators? by weighn · · Score: 1

      it works better on the black ipod with the red click wheel you know those fluro sox that they sell as iPod covers? Well do they come in black fishnet?
      --
      Mongrel News all the news that fits and froths
    8. Re:Only suing vibrators? by pair-a-noyd · · Score: 1

      iDid. It was great, glad iDid.

  7. ugh by lordvalrole · · Score: 1

    Doesn't Apple have anything better to do? If anything it will help sale more ipods.

    1. Re:ugh by Anonymous Coward · · Score: 0

      in b4 zoom

  8. Attention Slashdotters: by Anonymous Coward · · Score: 2, Funny

    Sex. That is all.

    1. Re:Attention Slashdotters: by Tablizer · · Score: 2, Funny

      Sex. That is all.

      We're just jealous a cheap little machine gets more than us. And I thought offshoring was bad...

    2. Re:Attention Slashdotters: by TheVelvetFlamebait · · Score: 1

      What? No "now that I have your attention..."?

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  9. Come on, be a man! by anss123 · · Score: 1

    What is the worst thing that can happen?

    1. Re:Come on, be a man! by Tablizer · · Score: 4, Insightful

      What is the worst thing that can happen?

      Um, a lifetime of reoccuring horrid flasbacks like one's own personal Clockwork Orange.

    2. Re:Come on, be a man! by fucksl4shd0t · · Score: 1

      I've never seen so many people get scared so completely shitless over a photoshopped image.

      --
      Like what I said? You might like my music
    3. Re:Come on, be a man! by Zantetsuken · · Score: 1

      shopped or not - that image should never have existed, and is the bane of internet forum readers everywhere...

    4. Re:Come on, be a man! by fucksl4shd0t · · Score: 1

      That's no reason to be a baby about it.

      --
      Like what I said? You might like my music
  10. Anybody here try it? by Tablizer · · Score: 4, Interesting

    Have any of you slashgals tried it yet? Does it work, or is it just a gimmick?

    1. Re:Anybody here try it? by flyingsquid · · Score: 1

      Wait a minute. There are actually women on this site?

    2. Re:Anybody here try it? by martinX · · Score: 5, Funny

      I tried it. It hurt my bum.

      Hang on, this is for chicks to use? Man, was I duped...

      --
      When they came for the communists, I said "He's next door. Take him away. Goddam commies."
    3. Re:Anybody here try it? by Tablizer · · Score: 2, Informative

      Hang on, this is for chicks to use? Man, was I duped...It hurt my bum.

      The multisex one is called R-fuss. (Say it over and over if the name ain't click at first.)

    4. Re:Anybody here try it? by Anonymous Coward · · Score: 0

      For the non native speaker, like me - can you give a more verbose hint, please? :-) Thx!

      (CAPTCHA: dictate ;)

    5. Re:Anybody here try it? by Anonymous Coward · · Score: 0

      Wait a minute. There are actually women on this site?

      No. He's just messing with you.

    6. Re:Anybody here try it? by Anonymous Coward · · Score: 0

      "I tried it. It hurt my bum."

      Given how small it is, you must be a real tight-ass.

    7. Re:Anybody here try it? by Anonymous Coward · · Score: 1, Informative

      The "innovative" part is that it's music driven, but plain ones have been around for a while. OK, take note, guys:

      For most women, the nerves inside the vagina are much less sensitive than the clitoris. This means two things:

      1. It usually takes longer for a woman to orgasm with only vaginal stimulation, and
      2. After building up for such a long time (an hour or two isn't impossible), those orgasms can be earth shattering, like you don't want to do anything but stare dumbly and drool and maybe cry for a while afterward.

      The key is that it's very subtle. It builds and recedes, builds and recedes, until you just can't hold back anymore. This isn't something you'd use for two minutes before bed, but something you'd spend an afternoon with.

    8. Re:Anybody here try it? by freeweed · · Score: 1

      It'll work, to some degree. *Anything* that vibrates (and this isn't really hard to make happen, just a motor and counterweight as a basic idea) "works".

      How WELL it works is entirely a different story. It's all about how strong and what frequency the thing vibrates at. Or so I'm told. *cough*

      --
      Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    9. Re:Anybody here try it? by rcaron · · Score: 1

      You should have started with something more "classical" for music, instead of the double bass-drum metal kind...

    10. Re:Anybody here try it? by rizole · · Score: 1
      Great...first they dupe all the stories and now they're going for the readership.

      Also...It hurt your bum!? Gives a whole new meaning to iANAL.

      Also...Yes it is for chicks! Sounds like you just got fucked.

      Okay...I'm done now...sorry.

    11. Re:Anybody here try it? by Anonymous Coward · · Score: 0

      I tried it. It hurt my bum.

      You're mesnt to insert the rounded vibrating bit, not the iPod.

  11. This has been done before by Anonymous Coward · · Score: 3, Funny

    A few years back, RMS released GNU/Gasm, an open source package similar to this one. The only downside was that it only worked with his songs.

    1. Re:This has been done before by Anonymous Coward · · Score: 0

      Ah, that hurts just thinking about it.

      He's a great programmer, and he's done awesome work putting forth his views on software distribution, but the man needs to know his limits.

    2. Re:This has been done before by Frosty+Piss · · Score: 1

      RMS and sex toys. What a visual.

      --
      If you want news from today, you have to come back tomorrow.
  12. Let me correct the headline for you... by nweaver · · Score: 0, Flamebait

    A blatent ripoff add design specifically designed to cause confusion in the markeplace and violate trademarks was the target of apple's laywers.

    --
    Test your net with Netalyzr
    1. Re:Let me correct the headline for you... by Anonymous Coward · · Score: 0

      ...since we all know that parodies are violations of trademarks... ...shit, I guess SNL will be going off the air faster than I thought.

    2. Re:Let me correct the headline for you... by Anonymous Coward · · Score: 1, Informative

      since we all know that parodies are violations of trademarks

      It isn't a parody. It's a direct rip-off intended to sell a product.

    3. Re:Let me correct the headline for you... by Whiney+Mac+Fanboy · · Score: 5, Funny

      specifically designed to cause confusion in the markeplace

      Confusion?

      If you can't tell the difference between a sex toy & a portable music player, then.... well, let's just say I don't want to borrow your iPod.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    4. Re:Let me correct the headline for you... by towsonu2003 · · Score: 1
      dear sleepy mods, did you just mix up your "redundant" button (no pun intended) with your "informative" button? parent is repeating (almost) word for word what GP already said and adds nothing new to the discussion...


      Parent:

      It isn't a parody. It's a direct rip-off intended to sell a product.
      GP:

      A blatent ripoff add design specifically designed to cause confusion in the markeplace and violate trademarks was the target of apple's laywers.

    5. Re:Let me correct the headline for you... by Anonymous Coward · · Score: 0

      You're a bit slow, ain't ya?

      Look again at who the parent was replying to. Click the nice "parent" link of his post if you're confused.

    6. Re:Let me correct the headline for you... by mei_mei_mei · · Score: 1

      What trademark are they infringing then? "Silhouettes in adverts"?

    7. Re:Let me correct the headline for you... by 99BottlesOfBeerInMyF · · Score: 1

      Confusion? If you can't tell the difference between a sex toy & a portable music player, then.... well, let's just say I don't want to borrow your iPod.

      You're mistaking the nature of the confusion. No one would think this device is an iPod, but because of the naming scheme (which clones Apple's) and the advertising campaign (which again clones Apple's) it is not unreasonable to assume that some people would think the iPod and this device are made by the same company. That is the confusion. Trademarks are about keeping someone from capitalizing on your good reputation/visibility in the industry.

      Now this particular instance is pretty borderline in my view of how trademark law should be applied, but it is not even close to borderline compared to industry standards. The iGasm manufacturers will almost certainly lose if they go to court and they probably know it. This is a way to get free publicity before they capitulate.

      On a a side note. Am I the only one that sees a difference between sending a letter and suing a person? The headline of this article is factually incorrect. Apple has not sued. They sent a notice that says they might sue if the IGasm maker does not capitulate. Apple will sue, if they have to... not because they care if someone is selling an iGasm, but because they pretty much have to defend their trademarks. If they let this pass and next week Microsoft renamed the Zune the "iPlayer" and advertised it with similar posters, then Apple would SOL in court because MS could point to this and claim Apple had already let people use a name just as similar and an ad campaign just as similar and the courts would rule for MS, despite the fact that most purchasers would be being deceived.

    8. Re:Let me correct the headline for you... by bittmann · · Score: 1

      If you can't tell the difference between a sex toy & a portable music player, then.... well, let's just say I don't want to borrow your iPod.

      Oblig link: Pregnancy Test

  13. MS-Dildows by Tablizer · · Score: 2, Funny

    My wife bought a MS-Dildows 2.0, but it got stuck in there. We can't get it out until we put a new battery in, but the battery opening is facing inward. I told her before to use Lipnux instead, but she had to go conventional.

    1. Re:MS-Dildows by instagib · · Score: 1

      Wait a minute. The battery opening is facing inward, but she "had to go conventional"? What the hell would be unconventional??

    2. Re:MS-Dildows by Tablizer · · Score: 1

      The battery opening is facing inward,

      I meant on the side that is inside the body. I need Porno ascii art to explain it I guess.

    3. Re:MS-Dildows by Anonymous Coward · · Score: 1, Funny

      My wife bought a MS-Dildows 2.0, but it got stuck in there. We can't get it out until we put a new battery in, but the battery opening is facing inward. I told her before to use Lipnux instead, but she had to go conventional.
      Did you suffer a BlueScream or did you have back-up?
    4. Re:MS-Dildows by martin-boundary · · Score: 1

      You'd better watch out though, if she goes all blue screen the face, see a doctor immediately.

    5. Re:MS-Dildows by instagib · · Score: 1

      I meant on the side that is inside the body.

      LOL! That's why I'm asking. Look, MS-Dildows, being from MS, would be a (patented) rip-off from a standard vibrator. Conventional deployment would be with the battery opening outside the body. :-) But what do I know!

  14. iGasm Haiku by Chas · · Score: 4, Funny

    Little pod I see
    The screaming, it's so damn loud
    Anger or pleasure?

    --


    Chas - The one, the only.
    THANK GOD!!!
    1. Re:iGasm Haiku by weighn · · Score: 1

      the white is smooth, pure
      evoking untouched beauty
      too bad she's a ho

      --
      Mongrel News all the news that fits and froths
    2. Re:iGasm Haiku by ozbird · · Score: 3, Funny

      Brown Microsoft Zune, Oh, you have no friends to squirt; Cancel or Allow?

    3. Re:iGasm Haiku by Anonymous Coward · · Score: 0

      I guess we can guess by the color where the zune will go?

    4. Re:iGasm Haiku by thegnu · · Score: 1

      Brown Microsoft Zune
      Oh, you have no friends to squirt;
      Cancel or Allow?


      Allow, oh, Allow
      Yes, Allow! Allow! Oh, Yes!
      YES!!! Oh. Uh... Cancel...
      --
      Please stop stalking me, bro.
  15. Re:wowee zowee.. by Anonymous Coward · · Score: 0

    Me fail English? That's unpossible! FFS, do you read what you write?

  16. I for one ... by instagib · · Score: 2, Funny

    ... welcome our new iGasm vibrated female colleague overload!

    1. Re:I for one ... by weighn · · Score: 4, Funny

      ... welcome our new iGasm vibrated female colleague overload! welcome our new iGasm vibrated female college undergrad!

      There, fixed that for you

      --
      Mongrel News all the news that fits and froths
  17. The iGasm is ok, but.... by appleguru · · Score: 3, Informative

    ...the OhMiBod vibrator rocks its socks off ;) I got one for my girlfriend for her birthday this year and I've been seeing less of her ever since. http://www.ohmibod.com/

    1. Re:The iGasm is ok, but.... by DigitallyChallenged · · Score: 1, Funny

      I made the same mistake. Now she loves it, not me. I miss her.

    2. Re:The iGasm is ok, but.... by Anonymous Coward · · Score: 4, Funny

      You're posting to slashdot. With account name "appleguru". And your link goes to a site about modding video game consoles. Of the millions of people reading slashdot, I can count on one hand the number of people that believe you.

      Unless by "girlfriend" you meant "girl I barely know, who filed sexual harrassment charges after I creeped her out with an OhMiBod vibrator gift." That one I'd believe.

    3. Re:The iGasm is ok, but.... by Anonymous Coward · · Score: 0

      That explains the restraining order I just got... mmmmm.

    4. Re:The iGasm is ok, but.... by anno1602 · · Score: 1

      I got one for my girlfriend for her birthday this year and I've been seeing less of her ever since

      The question is: Is that what you intended by giving her this present?

    5. Re:The iGasm is ok, but.... by Red+Flayer · · Score: 1

      I got one for my girlfriend for her birthday this year and I've been seeing less of her ever since.
      So your cunning plan is working... Woohoo! More time for real geek pursuits!
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    6. Re:The iGasm is ok, but.... by Anonymous Coward · · Score: 0

      I bought one for my girlfriend's birthday too! I don't think she's ever used the audio input, but she loves it nonetheless.

    7. Re:The iGasm is ok, but.... by Megatronium · · Score: 0, Redundant

      Thanks for the link, appleguru.

      No, really. 'Cause I'm a girl, and Metallica's just not gonna be the same for me again.



      Ignore sig on this one.

    8. Re:The iGasm is ok, but.... by Trogre · · Score: 1

      Dude if that's really true then you're probably better off without her.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  18. Don't forget the tv ad by cbuskirk · · Score: 4, Informative
    1. Re:Don't forget the tv ad by thehossman · · Score: 2, Informative

      That's a different ipod vibrator attachment: The Oh mi bod. I wonder why Apple hasn't sued them.

      --
      -- The Hoss Man
    2. Re:Don't forget the tv ad by slart42 · · Score: 1

      And while we're at it, don't forget the iBrator:

      http://www.flamingmailbox.com/maccomedy/movies/ibr ator.html

  19. Aaaarrrrrragggg! by Anonymous Coward · · Score: 1, Informative

    Don't
    Clikc
    It !!!!
    Youll be sorry

  20. iGasm beat by Vskye · · Score: 4, Funny

    I'd have to say that the Metallica song whiplash would even make Hilary Clinton smile with this outfit. (turn it up Bill, turn it UP!!!) We might even get lucky, and she'll be so happy that it will keep her out of politics. (one can only wish)

    --
    Life was hell, then I discovered Linux...
    1. Re:iGasm beat by X0563511 · · Score: 5, Funny

      Please, don't EVER make a comment combining Hillary Clinton and a sex toy. EVER. The mind is an eye one cannot gouge out.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    2. Re:iGasm beat by Vskye · · Score: 1

      That was frick'in funny!! LMAO! Mod this one up.

      --
      Life was hell, then I discovered Linux...
    3. Re:iGasm beat by Anonymous Coward · · Score: 0

      VOTE HILARY!

      Keep up the American tradition of having a cunt in the whitehouse...

    4. Re:iGasm beat by Anonymous Coward · · Score: 0

      Please, don't EVER make a comment combining Hillary Clinton and a sex toy.

      Al Gore agrees.

    5. Re:iGasm beat by rnws · · Score: 1

      Have you tried a spoon?

    6. Re:iGasm beat by evil_aar0n · · Score: 2, Insightful

      Hey, it could be worse. He could've said Barbara Bush. Or Margaret Thatcher.

      --
      Truth, Justice. Or the American Way.
    7. Re:iGasm beat by Wolvie+MkM · · Score: 0

      Wow... There's something you couldn't unsee...

      --
      I Like Pie...
    8. Re:iGasm beat by Anonymous Coward · · Score: 0

      Janet Reno.

  21. Apple is right by SpeedyG5 · · Score: 1

    If she is going to use it for commercial gain then she should get permission period. If she can't they she should get her own ad firm to come up with one for her. What a hack! Another company that can't come up with its own ideas, Microsoft should sue her for Process Pantent infringment, they are the ones that usually steal Apples Ideas.

    1. Re:Apple is right by Anonymous Coward · · Score: 0

      >> If she is going to use it for commercial gain then she should get permission period.

      What's this period? Isn't she getting a regular one already?

    2. Re:Apple is right by cpt_lare · · Score: 0

      Someone didn't get theirs today.

  22. Now we know... by figleaf · · Score: 4, Funny

    ...why the Apple silhouette shakes so much.

    1. Re:Now we know... by walter_f · · Score: 1

      ...why the Apple silhouette shakes so much.

      Because of having realized how un-exciting life is, compared to the life of an Ann Summers silhouette? :-)

  23. Great for Apple by klaiber · · Score: 0, Redundant

    By making a fuss over this, Apple
    (1) creates more buzz (ooops, sorry) about the iPod, while
    (2) keeping its squeaky-clean image.
    And of course Ann Summers makes a boatload of money. In fact, it's so much of a win-win-situation for both parties that I wonder whether Apple put Ann Summers up to this. If they didn't, they should've! :-)

    (Hmmm... rebember the iBrator of many years ago? [http://www.geneffects.com/briarskin/ibrator/ibrat or.html] Okay, so that one *was* a parody.)

    More seriously, though, Apple do have a point about the "look" of their ads getting ripped off. And Ann Summers cannot really claim it's a parody --- after all, they're trying to sell product. Trademark protection and all that. But really, great for both parties, and good entertainment for the rest of us.

  24. Re:wowee zowee.. by Anonymous Coward · · Score: 0

    Could you really not understand what he was saying, or were you nitpicking his writing to make yourself feel better about your own insecurities?

    Do you realize that when you take time out to criticize a poster's language ability, it's a lose-lose proposition?

    You're revealing to the world that either:

          1) You're not capable of decoding a moderately damaged message in your native language.

          2) You understood what he said perfectly, but have nothing else to contribute.

  25. OhMiBod is next I bet by Anonymous Coward · · Score: 0

    I bet OhMiBod is next on Apple's hitlist - I mean, the thing even has a low level iTunes integration FFS!.

  26. streisand effect again by e**(i+pi)-1 · · Score: 3, Insightful

    Again the Streisand effect but with an other twist: while every lawyer by now knows about this phenomenon, they take it into account but still chose legal action is taken to prevent other people to repeat this. What they do not realize yet is that advertisers or product managers will in future even more try to use names and pictures close to successful other pictures in order to use the free publicity from a lawsuit.

    1. Re:streisand effect again by suv4x4 · · Score: 1

      Again the Streisand effect [wikipedia.org] but with an other twist: while every lawyer by now knows about this phenomenon, they take it into account but still chose legal action is taken to prevent other people to repeat this. What they do not realize yet is that advertisers or product managers will in future even more try to use names and pictures close to successful other pictures in order to use the free publicity from a lawsuit.

      Let me give you a tiny clue. From the percentage of people who waste their time reading sites like Slashdot, the ratio of males:females approaches infinity.

      The product is a vibrator.

      Got the clue :P?

    2. Re:streisand effect again by julesh · · Score: 1

      You seem to be under the illusion that apple actually care. They're almost certainly proceeding with this lawsuit solely because of the doctrine that states that if they don't, they might find it harder to do so in the future.

  27. Hello the future's Microsoft by towsonu2003 · · Score: 3, Funny
    I know that you won't get this and hence mod me down. That's fine.


    But they are trying to form a cultural monopoly... Very much like what Microsoft is doing. But different from Microsoft, in this case at least, they are using the society's negative feelings towards women's sexuality when it is freed of men. It is also interesting to observe how women's sexuality is desirable for Apple (just like for any other corporation) when it is the object of the male gaze, and undesirable when it is depicted as self-governing, hence not needing the presence of a penis.

    1. Re:Hello the future's Microsoft by JustShootMe · · Score: 1

      so are you saying this is a reDICKulous lawsuit?

      I don't know. I kind of like my penis, and I also kind of like it when a woman needs a penis, preferably mine. But I used all of my mod points this afternoon on a much less amusing thread, so you're safe. :)

      (alas, no one has needed it in many years... which is why I am posting on slashdot on a thread about an ipod vibrator that I will probably never buy, see, use, or get within 10 feet of knowingly...)

      --
      For linux tips: http://www.linuxtipsblog.com
    2. Re:Hello the future's Microsoft by towsonu2003 · · Score: 1
      lol

      alas, no one has needed it in many years... which is why I am posting on slashdot on a thread about an ipod vibrator that I will probably never buy, see, use, or get within 10 feet of knowingly...
      A bit offtopic but still... You reminded me of this: if you buy this item, you will have to buy an iPod too. So really, Apple is using his penis too much in his thinking activities... This product is actually profitable for him. I guess sometimes your penis is more important than your profit (eat that, Chomsky!).
    3. Re:Hello the future's Microsoft by Anonymous Coward · · Score: 2, Insightful

      postmodern buzzword alert: "male gaze."

      It doesn't seem like this is a male hegemony issue, although after three years of LCS courses I know all too well how easy it is to use feminist theory to analyze everything. I honestly don't think the issue here is the presentation of females as sexually independent of men, it's that product x is being marketed using a knock-off of Apple's Style(TM). I'd imagine they'd still be going after the company if they made the iVag (a male sex toy.)

    4. Re:Hello the future's Microsoft by JustShootMe · · Score: 1

      My penis is almost more important than food. Except I need food to keep my penis alive.

      It all... umm.. balances out in the end.

      --
      For linux tips: http://www.linuxtipsblog.com
    5. Re:Hello the future's Microsoft by Lars+T. · · Score: 1

      You reminded me of this: if you buy this item, you will have to buy an iPod too. So really, Apple is using his penis too much in his thinking activities... This product is actually profitable for him. I guess sometimes your penis is more important than your profit (eat that, Chomsky!). See, you just showed Apple is right about possible confusion - you don't need an iPod to use this thing. Your Honour, the "idiot in a hurry" has spoken.
      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    6. Re:Hello the future's Microsoft by LinuxIdiot · · Score: 1

      Now I'd buy that! Someone hurry up and bring it to market!

    7. Re:Hello the future's Microsoft by Anonymous Coward · · Score: 0

      someone on slashdot who hasn't been to a pron site in the last 18 months!!! I think they are called flesh lights. It does look more fun when your girl friend/wife is moving it on you. Then again this is slashdot, so the odds of having a girlfriend/wife is low.

  28. Young wippersnappers by Tablizer · · Score: 2, Funny

    Back in my day we had to use popsickle sticks, paperclips, and wound-up rubberbands. (That's where the name "whippersnapper" came from.) You young'uns have it easy. Kiss my iShov you spoiled punks!

    1. Re:Young wippersnappers by Anonymous Coward · · Score: 0

      Back in my day we had to use popsickle sticks, paperclips, and wound-up rubberbands.

      So that's why McGyver was so popular with the babes.

    2. Re:Young wippersnappers by Anonymous Coward · · Score: 0

      Umm... Didn't the paperclips hurt?

  29. when life gets you down by mr_musan · · Score: 1

    read slashdot and you'll be cheered up by the absurdity of it all

  30. RTFA by Anonymous Coward · · Score: 0

    Apple's usual litigation-trigger-happy attitude


    They sent a letter asking them to stop and any legal threat was only implied, not overtly stated.

    Whatever your opinion, you can't call that trigger-happy.
  31. Can you spell "commercial speech"? by argent · · Score: 2, Interesting

    Commercial speech doesn't have the same protections as other kinds of speech. Parody isn't a "get out of jail free" card in any case, but "parodying" another company's commercial, AND for a related product, that's a guaranteed losing move.

    1. Re:Can you spell "commercial speech"? by towsonu2003 · · Score: 1

      I'm still not sure how SNL survives in this equation... It's not like they are a non-profit organization. (And their product is very much linked to the parodies they produce.)

    2. Re:Can you spell "commercial speech"? by Anonymous Coward · · Score: 0

      If you think that a sex toy is a "related product" to an MP-3 player, Please don't talk about what you do with your free time. The mind boggles...

    3. Re:Can you spell "commercial speech"? by Sobrique · · Score: 1

      Vibration in time to music? Doesn't seem an unreasonable design premise.

    4. Re:Can you spell "commercial speech"? by fucksl4shd0t · · Score: 1

      No, their product is the parodies they produce. It's not just linked.

      --
      Like what I said? You might like my music
    5. Re:Can you spell "commercial speech"? by argent · · Score: 1

      If you think that a sex toy is a "related product" to an MP-3 player, Please don't talk about what you do with your free time.

      It's a sex toy that works by plugging in to an MP3 player, and the whole point of the ad is to promote it AS a related product. If you took that argument to a courtroom you'd be *lucky* to be laughed out of court. Judges hate people who waste their time.

    6. Re:Can you spell "commercial speech"? by Guido+von+Guido · · Score: 1
      I'm still not sure how SNL survives in this equation...


      Because the purpose of SNL's parodies is to make fun of the ads or the products, not to make money by selling another product.

    7. Re:Can you spell "commercial speech"? by Anonymous Coward · · Score: 0

      http://en.wikipedia.org/wiki/Hustler_Magazine_v._F alwell sure sold alot of copies of the magazine.

  32. "on the go" by weighn · · Score: 1, Funny

    brings a whole new feel to your "on the go" playlist,
    just make sure all your tunes end with a long ritard

    --
    Mongrel News all the news that fits and froths
    1. Re:"on the go" by JustShootMe · · Score: 1

      You mean Ron Jeremy?

      Ohhhh, you said long ritard. My bad.

      --
      For linux tips: http://www.linuxtipsblog.com
  33. duh by zobier · · Score: 4, Funny

    This is about the third time something like this has come up and I can't believe I still haven't seen the alternate name iRod suggested.

    --
    Me lost me cookie at the disco.
    1. Re:duh by JustShootMe · · Score: 1

      Or maybe the iMwet?

      --
      For linux tips: http://www.linuxtipsblog.com
    2. Re:duh by Virtual_Raider · · Score: 2, Interesting

      Well, I guess that's because its marketed to women, not men. Surprisingly, women tend to regard sex from a female perspective and if they are going to buy a sex toy in general terms they would be more interested in themselves. They do not have "Rods" and probably think of similar terminology as immature guy-slang. But they do have orgasms. I say the name was well chosen.

      --
      +Raider of the lost BBS
    3. Re:duh by zobier · · Score: 1

      OK, but it's a pretty obvious play on name iPod and I was saying that I found it strange that the (predominantly) male geeks here hadn't mentioned it. The product that originally made me think of the name was called ohmibod and it literally looks like a rod, granted its actual name is more girl oriented.

      --
      Me lost me cookie at the disco.
  34. Let me re-correct the headline for you... by towsonu2003 · · Score: 1
    Depressing to see that you got upmodded as informative while we all know that parody is fair use and that the ad is clearly designed not to confuse the consumer (or do you put your earplugs in your vagina?). But on the other hand, I am also wondering why Apple chose to sue *this* parody over all the others that are out there. Maybe because it depicted a woman that didn't need a man for sexual pleasure, instead of a woman as *the* sexual object of the male gaze. I guess the corporation, as a legal person, thinks using its legal penis?


    Here's my new headline for this: Apple's phallus, threatened by self-pleasing woman, sends out lawyers for witch hunt.

    1. Re:Let me re-correct the headline for you... by i-thinkTwentyTwo · · Score: 1

      I have to disagree. If the ad resembles Apple's ads it isn't far-fetched to assume that Apple is either endorsing or producing the product. Whilst I'm sure the ad would be quite something to see, this connection is probably not desirable for Apple. My feeling would be that Apple doesn't want to stop them selling the iGasm, merely from associating the iGasm so strongly with Apple.

    2. Re:Let me re-correct the headline for you... by Anonymous Coward · · Score: 0

      Mulvey was an idiot. Highlighting the body of attractive women in film/advertising has nothing to do with forcing the audience to watch through the eyes of a heterosexual man, and everything to do with the fact that a proportion of heterosexual men and lesbians have their attention grabbed by attractive women. This fits in with the aim of the average film, and every advert: to keep you watching.

      Meanwhile, for those who are not attracted to women, or who like me find typical depiction of "sexy" women in film/advertising anything but (the eyes of heterosexual men cannot be so generalised), the production must employ other qualities to keep my attention - storyline, pace, special effects, whatever.

    3. Re:Let me re-correct the headline for you... by Lars+T. · · Score: 1

      Depressing to see that you got upmodded as informative while we all know that parody is fair use and that the ad is clearly designed not to confuse the consumer (or do you put your earplugs in your vagina?). But on the other hand, I am also wondering why Apple chose to sue *this* parody over all the others that are out there. Or maybe because it is an actual advert for an actual product, and thus not a "parody", but a "knock-off".
      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    4. Re:Let me re-correct the headline for you... by Anonymous Coward · · Score: 0

      Apple are suing because the advert is 'passing off' its branding to look like Apple's own branding. Ann Summers is a big chain here in the UK with a massive turnover (so much for Brits being sexually repressed), so its worth Apple suing for substantial damages under UK trademark law. FINALLY, again under UK law, Apple is required to actively defend its trademarks otherwise they will lapse.

      In the end, AS will have to withdraw the advert, but it will have reaped some nice free publicity. So if nothing else THAT will have put a smile on their faces.

    5. Re:Let me re-correct the headline for you... by arashi+no+garou · · Score: 1

      Remind me to never smile at and say hello to a woman in your presence. You might chop off my dick for such an atrocity.

    6. Re:Let me re-correct the headline for you... by Verte · · Score: 0

      Didn't you already say this once?

      I could be wrong, but I don't see how Apple are bringing gender into this. I'd like you to point out one piece of evidence that supports your claim of this misogynistic Apple. Otherwise, please take your cargo cult elsewhere.

      --
      We at slashdot are scientists, specialists and kernel hackers. Your FUD will be found out.
    7. Re:Let me re-correct the headline for you... by seebs · · Score: 1

      Parody doesn't get you anywhere on trademark, normally; it gets called "passing off".

      Would a reader looking at this poster immediately connect it with the Apple iPod? You betcha. That'd be a trademark issue.

      IANAL.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    8. Re:Let me re-correct the headline for you... by It'sYerMam · · Score: 1

      I agree, and I think it's a shame; I think such adverts would be quite funny, really. I do wonder whether, if the people involved in the battle are reasonable, whether they can settle for some change in the ads that allows them to keep the joke. One of those disclaimers saying, "iGasm is not affiliated with Apple in any way" might do the trick - again, if the people involved are reasonable.

      --
      im in ur .sig, writin ur memes.
    9. Re:Let me re-correct the headline for you... by SailorRipley · · Score: 1

      special effects you mean a boob job?

      --
      Chance favors the prepared mind...especially when you Question Authority
    10. Re:Let me re-correct the headline for you... by SailorRipley · · Score: 1

      that's not the right question though...

      of course anybody looking at the poster will connect it with the Apple iPod, ffs, it's an iPod accessory...connecting it with the iPod is what you're supposed to do (and not only with the poster, but also with the actual product!)

      the question is: is it reasonable to expect an average reader will connect the add with Apple/think it's an Apple product. The answer to that is no: "Ann Summers" is very readable on the poster, and since it's a big chain in the UK, there's no real chance of that.

      --
      Chance favors the prepared mind...especially when you Question Authority
  35. Weird by towsonu2003 · · Score: 1, Flamebait
    Did they trademark photos and images containing a silhouette with overexposed pixels that form a line in them? Or did they trademarked silhouettes that listen to music? Or dance?


    I guess a monopoly is a monopoly, whether it is Microsoft or Apple...

  36. iFuck by Tablizer · · Score: 5, Funny

    Gals, go natural and organic and let me introduce (in) to you my iFuck device. Its free and requires no batteries.

    1. Re:iFuck by weighn · · Score: 1

      Gals, ... sorry, this is slashdot

      *checks if gashdot.org is available*

      --
      Mongrel News all the news that fits and froths
    2. Re:iFuck by towsonu2003 · · Score: 1, Redundant

      my iFuck device. Its free and requires no batteries.
      So your tiny mushroom doesn't suffer from these or similar security vulnerabilities? For our lazy friends:

      1) My new "cyberskin friend" guarantees that I'll never feel that huge disappointment when I fumble in a man's drawers and find what feels like a tiny mushroom. Great, I used to think. 2 inches of hard-on. There's no time a wasting when I can reach into my drawer for 6 3/8" of fun EVERY TIME. Gotta dig that!

      2) If I want to direct some attention (and time) to my pleasure button, I don't get rolled eyes and grimaces. Mr. Cyberskin ALWAYS goes where I want him. And since I can direct Mr. C, I don't have to deal with fingers jammed on my cli+ like I'm a video game. Mr. C knows that a bare brush back and forth does the trick.

      3) No more refusals from uptight Irish-Catholics when I move Mr. C to my back door. With some lube, it's all good for my vibrating buddy. And thank you, my cyrberskin friend, for being so openminded. With a quick clean up in warm water and soap, he's ready for more.

      4) When it's time for a break, I don't have to sit through irritating "whew, whew, whew" from The Three Stooges. No annoying sports games on tv. The tv clicker is all mine.

      5) Instead of buying my "he's got potential" boyfriend dinner AGAIN, all I need is two AA batteries.

      6) If I get bored with Mr. Cyberskin, I can dump him in the drawer. It's a no fuss break-up. And no lingering friendships with his in-laws or whatever. (Every guy's in-laws fall in love with me... I'm beautiful, smart, educated and like people... it's a curse). With Mr. C, it's a clean break... until I'm in the mood again. Then it's outta the drawer and back in action. Ahhhhh, there you are Mr. C.

      7) Mr. C is NEVER self-centered. He never grabs my head to jam it down on his (sometimes smells like urine) penis. Nope. Mr. C is all about my needs. Believe me... it's refreshing.

      8) Mr. C can go rough or gentle... he knows just what I need and delivers it. No more trying to communicate with a man who isn't interested in what I need. No second guessing. It's all on order. If I'm in a quickie mood, it's like a drive-thru orgasm. If I want to linger, it's a lot of teasing and seduction that will drive me to moaning in no time.

      9) My cyberskin pal never drives me around the city, lost. He leaves the driving up to me. If I want, I can always stash him in a brown paper sack and put him in the glove compartment. He loves to travel.

      10) I don't have to apologize to Mr. C for just wanting a decent f*ck and not a lot of dilly-dallying around. No wasting time "building a relationship" so I can feel good about my need to get laid. With Mr. C, we got close right away--and I sense we won't be parted for long.

      11) Mr. C isn't just hot during the honeymoon stage. He NEVER calls me up and tells me he's too busy, tired or too-much of an asshole to drive over to my place for FREE sex.

      12) Even though my cyberskin pal won't buy me dinner, a new dress or take me to Bermuda, he's the best, most consistent boyfriend I've ever had. And he's never made a pass at my girlfriends, slept around on me behind my back, stunk up my bathroom, farted in bed, called me at work or made me ashamed to take him to a party.
    3. Re:iFuck by Speedracer1870 · · Score: 2, Funny

      But it's so small, so very small... I think I'd get more pleasure from sticking my iPod there instead.

    4. Re:iFuck by MadUndergrad · · Score: 1

      Wow, whoever wrote that advertisement really hates men. Somehow I don't think any guys will be buying any of those for their girls.

    5. Re:iFuck by TheVelvetFlamebait · · Score: 1

      Luddite.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    6. Re:iFuck by Anonymous Coward · · Score: 1, Funny

      Gals, go natural and organic and let me introduce (in) to you my iFuck device. Its free and requires no batteries.

      Technically, I believe what you have there is an iFuck Nano.
    7. Re:iFuck by Anonymous Coward · · Score: 0

      It sounds to me that the author of that article is an uncompromising bitch who clearly sucks at establishing and maintaining relationships.

      Let her have her toy; no man should be stuck with such a cunt.

    8. Re:iFuck by Oktober+Sunset · · Score: 2, Informative
      Mr C does have one bad habit tho, Cyberskin is a mixture of unstable rubber compounds containing a load of Phthalates, it will constantly out gass, chemicaly deteriorate, and absorb liquids.

      Mr S would be better. Surgical grade silicone is widely acknowledged as the premier sex toy material.

    9. Re:iFuck by lysse · · Score: 1

      Strange, on the box it looked... bigger.

    10. Re:iFuck by towsonu2003 · · Score: 1

      Let her have her toy; no man should be stuck with such a cunt.
      It's funny (and revealing) that you refer to a cunt. Don't just refer to it, you should read it too...
    11. Re:iFuck by towsonu2003 · · Score: 1

      Parent rated redundant? Hahahahaha lol!

  37. Ann Summers by Animats · · Score: 5, Informative

    If you haven't spent much time in the UK, you may not realize that Ann Summers is a major retail chain, with hundreds of sex shops. It's like Victoria's Secret in the US, but harder-core.

    1. Re:Ann Summers by muellerr1 · · Score: 4, Funny

      Is this one of those funny translation things where we say 'fries' and you say 'chips' and we say 'chips' and you say 'crisps' and we say 'overpriced underwear store' and you say 'sex shop'? Because as far as I know, Victoria's Secret doesn't sell toys, whips, chains, or anything but expensive underwear. Though maybe that's what you meant by 'harder-core' and if so, yes, sex toys are harder-core than just plain old underwear.

    2. Re:Ann Summers by muellerr1 · · Score: 1

      Just to clarify: when I say 'underwear', I believe the translation is 'knickers'.

    3. Re:Ann Summers by Lazerf4rt · · Score: 1

      And the CEO is hot.

  38. Anne Summers' logo by Anonymous Coward · · Score: 0

    Pardon me, but... that ain't no apple.

  39. $69? by towsonu2003 · · Score: 1

    Are you kidding me? Ouch!

    1. Re:$69? by Anonymous Coward · · Score: 0

      Yes I'm posting anonymously(my screen name has my email so I'd rather not post with it), if you've ever bought a good vibrator before they aren't cheap. Yes you can feel the difference not only in the quality or material, but how well it works overall in getting you off. What I mean by that is this, if they're too powerful at a lower setting they ruin whatever mood you can be in or trying to get yourself in. Too aggressive isn't fun, or enjoyable unless you're in that mood.

      There's a good reason why good vibrators have really nice fine tune controls, aren't bulky, are shaped nice. I'll let you figure out the rest. Now I'll go back to lurking and let the myth that there are girls on /. continue.

  40. Not really work safe ... by The+Sith+Lord · · Score: 0

    A "Not Entirely Safe For Work" statement might have been nice ...

  41. An organic experience? by mrbluze · · Score: 1

    It must be made for very clean, fresh, practically virginal apples.

    --
    Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
  42. Re:wowee zowee.. by Anonymous Coward · · Score: 0

    "'love egg' call it a it is people".

    I have revealed to the world (as an AC, no less) that I don't know WTF he is talking about.

    As for it being a lose-lose proposition, I was hoping that maybe if this was his standard way of writing, perhaps my post would stimulate him (in an iGasm thread huh huh) to actually read what he writes before he hits 'submit' in the future. I'm not expecting perfect prose from anyone here, and I could never meet that standard, but "'love egg' call it a it is people" has me baffled.

    Maybe it's a cryptic crossword clue and all it needs is punctuation.
    'love egg'? Call it, A! It is people.

    Is your reply to a "lose-lose proposition" a lose-lose-lose proposition?

    Have a nice weekend. It's home time for me!

  43. AAaaaagggh! by durin · · Score: 5, Funny


    Damn porn filter at work.

    --
    Why, yes! I AM new here.
  44. Trekkie Pouch by damsgaard · · Score: 0, Offtopic
    I think this item is missing on thinkgeek:

    Trekkie Pouch

    Turn your bedroom into the Starfleet starship by insisting he wear this vinyl pouch
    while you wear the coordinating Trekkie dress.
    Now get him to stun you with his phaser. Resistance is futile.

    http://www.annsummers.com/single.asp?gid=7&cat=344 &pid=3766

    There's even a Trekkie Dress to match.
  45. Too Much. by sunforged · · Score: 1

    So Apple's new product ISueYou swings into action to counter the IGasm. Meanwhile IGasp and IGawp at the wreckage that follows. ICan'tSeeU struggles with the porn filters at work so can't see the story at all. IRan to my PC catch up on the story but was Iraq'd with guilt afterwards - naah. Okay I should get better puns before posting but I just had to. I'll be going now.

  46. The mind is an eye one cannot gouge out. by patio11 · · Score: 3, Insightful

    Icepicks, man, icepicks. Now if you'll excuse me I have to track one down myself.

  47. TM details FWIW by chub_mackerel · · Score: 5, Informative

    Some clarity on TM, at least in US...

    No, you can't trademark a style.

    You can trademark almost anything that creates a connection in a consumer's mind between a product/service and its origin. Historically this has included logos, words, sounds (Harley Davidson's engine noise), images, even colors (Corningware's "pink" insulation), shapes of products (Weber Grill), type of decoration in a restaurant, called "trade dress" (Taco Cabana).

    If whenever you see commercials of a certain "style" and you think "Apple/iPod", then the style is likely trademark material. If another company's using the same style to sell a similar/related product (as opposed to engaging in satire or public comment which is more protected) then I'd put my money on the trademark holder.

    ...You also have to apply for a trademark(unlike copyright where it's automatically a given)...

    Wrong again, at least in the US. Most trademark rights come from using the trademark, not from applying for it. The Trademark office register the mark for you, which gives you some considerable procedural advantages (hence there is a process sort of like patent application that you need to go through), but there's no requirement to register your mark in order to have a trademark. All of which is probably beside the point in this instance, since I bet Apple registered something related to whatever they're suing over.

    1. Re:TM details FWIW by asninn · · Score: 1

      IANAL, but trade dress != trademark. They're related concepts that are quite similar, but they're not the same. (Just a technicality, I know, but still.)

      --
      butter the donkey
    2. Re:TM details FWIW by Oligonicella · · Score: 1

      Check out an iPod ad. They have a TM at the bottom.

    3. Re:TM details FWIW by jabuzz · · Score: 3, Informative

      Perhaps, but Ann Summers is a U.K. firm so US law and practice will have no bearing whatsoever in a U.K. court of law.

    4. Re:TM details FWIW by nanosquid · · Score: 1

      If whenever you see commercials of a certain "style" and you think "Apple/iPod", then the style is likely trademark material.

      Well, or maybe not. After all, the trademark of the product itself isn't being infringed, only the ads are similar, and the ads aren't the product.

      Furthermore, the question is not whether the item or ads are "similar", the question is whether buyers are likely to confuse the origin of the products. That's a hard argument for Apple to make. First, the product is in a completely different product category, a category that Apple has never sold anything in. Second, there are many products that are far more confusable with Apple products than this.

      I congratulate iGasm for coming up with an Apple-style legal publicity stunt.

    5. Re:TM details FWIW by chub_mackerel · · Score: 2, Informative

      Well, or maybe not. After all, the trademark of the product itself isn't being infringed, only the ads are similar, and the ads aren't the product.

      Furthermore, the question is not whether the item or ads are "similar", the question is whether buyers are likely to confuse the origin of the products. That's a hard argument for Apple to make. First, the product is in a completely different product category, a category that Apple has never sold anything in. Second, there are many products that are far more confusable with Apple products than this.

      You're right that it's easier for Apple to win if iGasm is something that competes directly with iPod. But my understanding is that the touchstone is simply "consumer confusion" in a broader sense. Example: The iGasm is obviously designed to be used WITH the iPod. The commercial looks very much like a commercial for the iPod. It has music and people dancing. In fact the folks in the commercial have iPods as well, along with their dildonics. Since the ad looks so much like Apple's, and it's clearly hawking an iPod accessory, it's not beyond imagining that some people might be asking for these things in Apple stores. That would be direct, and pretty damning evidence of confusion.

      Lots of other factors involved, obviously, and I'm not saying who I think is right... just trying to clarify how TM law handles these things.

      To others in the thread: I think US law and UK law are relatively comparable on general principles of TM. One recent area of possible divergence is the whole mess of "dilution" law, which we haven't really talked about here.

    6. Re:TM details FWIW by nanosquid · · Score: 1

      it's not beyond imagining that some people might be asking for these things in Apple stores. That would be direct, and pretty damning evidence of confusion.

      Come on: "hi, where are the sex toys?" I don't think so.

      On the other hand, there are plenty of Mac accessories that really are highly confusable with Apple products and that people do ask for in Apple stores. Since Apple hasn't gone after those, they have little basis to go after iGasm.

    7. Re:TM details FWIW by ArhcAngel · · Score: 1

      Slightly OT:
      You had to go and mention Taco Cabana didn't you!? I thought that was a raw deal from the start. Two Pesos had better food, better atmosphere and better prices and I NEVER confused one for the other. For Pete's sake one was neon pink and the other was pastel blue! They didn't even serve the same type of food. One was Tex Mex (Two Pesos) the other was Mexican (Yes there is a difference.) I worked the night shift during the early 90s and coming home at 2 or 3 in the morning Two Pesos was the only decent food you could get that didn't require you to wait 2 hours for. It makes me sad all over again. Thanks SOOO much for reminding me.

      Slightly less OT:
      It will be interesting to see how the courts rule on this as I can see valid arguments on both sides of this issue. Even if this is not a case of trademark infringement it could still be argued that it damages Apple's brand by associating it with "unsavory" (not to me but to some) products.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    8. Re:TM details FWIW by TheNicestGuy · · Score: 1

      You can trademark almost anything that creates a connection in a consumer's mind between a product/service and its origin. Historically this has included...

      Here are some other interesting examples. I used to work for a company that compiled and published huge clip art collections, and we kept track of a list of specific things to watch out for and remove whenever we spotted them, because we'd gotten C&D letters from the IP holders. I don't know if these are all actually trademarks, or some are trade dress, or some are just lawyers talking through their hats, but...

      • Olympic rings. Probably not a big surprise that the IOC defends this tooth and nail.
      • A wavy line anywhere on a crayon wrapper infringes Crayola.
      • Carnival cruise lines claims to own the style of putting little "wings" on the sides of their smokestacks.
      • The Red Cross. You may think that a red cross on a white background is a generic symbol for first aid or medical care, but the American National Red Cross begs to differ. A bright green version is the legally unencumbered alternative. But damned ugly.
      • And definitely my favorite: Dairy Queen. Dairy Queen claims that putting a curl at the top of a soft-serve cone makes it a Dairy Queen cone.
    9. Re:TM details FWIW by Kjella · · Score: 2, Interesting

      Ok so it doesn't apply in this case, but that must be one of the saner laws I've heard from the US lately. Trademarks exists to not create confusion in the marketplace, and copying the name and the ad style... yes, it does sound like Apple's adult line accessories. Or that it's some variation of "in cooperation with Apple, Inc.". Every company should have to create their own identity, not be "identity leeches" of other companies (at least not without permission). How exsctly is rather immaterial to the issue IMO, starting at "What does the consumer see as characteristic about this product/producer?" is just the right question.

      --
      Live today, because you never know what tomorrow brings
    10. Re:TM details FWIW by SirWhoopass · · Score: 1

      Actually, Harley withdrew the trademark application on their engine sound. After a six-year legal battle it became clear that they would not win.

      http://en.wikipedia.org/wiki/Sound_trademark

      http://www.wptn.com/wptn-in/back00/tmrk_012_sep00. html

  48. male version by msblack · · Score: 1

    Where's the male version? Certainly many iPod toting teens would be thrilled to add this feature. If AnnSummers came out with a male version, I might actually shell out $300 for my first iPod.

    --
    signature pending slashdot approval
    1. Re:male version by giafly · · Score: 1

      If AnnSummers came out with a male version, I might actually shell out $300 for my first iPod.
      If AnnSummers came out with a male version, I might actually splash out on my first iPod.

      Fix'd.
      --
      Reduce, reuse, cycle
  49. Can the iPhone do this? by giafly · · Score: 1

    Can the iPhone combine its "play music" and "vibrate instead of ringing" functions? Just asking.

    --
    Reduce, reuse, cycle
  50. Wrong by mr_tenor · · Score: 1
    1. Re:Wrong by hearingaid · · Score: 2, Informative
      Answer, of course - it doesn't apply to ads. Design patents are a completely different and mostly totally useless area of intellectual property law. You want to look at trademark.

      Fortunately, Chub Mackerel is mostly correct. You don't actually have to go to court to defend a trademark every time, but it's a good idea. Your lawyer will tell you to, and your lawyer is usually right. But to reiterate - The purpose of trademark law is to avoid consumer confusion. Any form of commercial speech which might confuse the consumer as to whether some commercial entity was involved in some way in the production or distribution or whatever of some product is going to raise trademark issues, as long as the commercial entity in question wasn't actually involved with that product.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  51. iGoogle! :D by zoogies · · Score: 1

    But really, why are parodies bad again?

    1. Re:iGoogle! :D by geekoid · · Score: 1

      They're not, this isn't a parody.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  52. Serves them right I say by bentcd · · Score: 1

    That's just what you get when you try to take on one of Apple's iCons.

    --
    sigs are hazardous to your health
  53. Beate Uhse by aepervius · · Score: 1

    Or Beate Uhse in Germany.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  54. But? by DrewfusMaximus · · Score: 1

    If I remember correctly, this isn't a new product at all is it? Or did they just start advertising this and thats what the problem is? Or my I may just be thinking about some other adult enjoyment product for the iPod all together.

  55. Here's the image by Ed+Avis · · Score: 3, Informative

    iGasm poster that Apple complained about

    --
    -- Ed Avis ed@membled.com
  56. Benny Hinn... by Anonymous Coward · · Score: 0

    To be honest, I seriously doubt they actually care - popular peripherals can only increase the demand for their products. All they're doing is ensuring that there's a clear gap between them so that if some think-of-the-children types kick up a fuss then they can say 'We have nothing to do with them - look, we even tried to shut them down via lawsuit.' I bet secretly all those think-of-the-children evangelical christian types bought an iGasm and are now enjoying it while listening to the collective speeches of Benny Hinn on their iPod.
    1. Re:Benny Hinn... by Anonymous Coward · · Score: 0

      More than likely. Ya see, they'll use it without a single complaint until they find their teenage daughter in possession of one. Then "Apple are corrupting our innocent children!"

      Fundies are a source of endless amusement.

  57. Darth Vader says "Do Not Want" by Dogtanian · · Score: 2, Funny

    It's bad enough on its own, but can you imagine the horrific "action shots" featuring out-of-shape wannabe geeks in those... things, if they sold it on ThinkGeek?!

    Besides which, it reads "To Go Where No Man Has Gone Before". What happened to the infinitive-splitting "boldly"?- your average nerd *will* complain about such things.

    That Ann Summers site is cheesier than a Swiss cheese factory, too.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    1. Re:Darth Vader says "Do Not Want" by dwater · · Score: 2, Informative

      > Besides which, it reads "To Go Where No Man Has Gone Before". What happened to the infinitive-splitting "boldly"?- your average nerd *will* complain about such things.

      Well, Ann Summers is English, so it's no wonder they corrected it.

      > That Ann Summers site is cheesier than a Swiss cheese factory, too.

      Again, Ann Summers is English, so Cheddar would be more appropriate, since that is English also.

      --
      Max.
    2. Re:Darth Vader says "Do Not Want" by gEvil+(beta) · · Score: 1

      Again, Ann Summers is English, so Cheddar would be more appropriate, since that is English also.

      Stinkier than stilton?

      --
      This guy's the limit!
    3. Re:Darth Vader says "Do Not Want" by dwater · · Score: 1

      > Stinkier than stilton?

      Ah, good one. No such thing exists that is stinkier than stilton, so, yes, that would be more appropriate :D

      --
      Max.
  58. Parody ? by DrYak · · Score: 0, Redundant

    Don't you think it should clearly fall within the "parody" exceptions to the copyright law ?

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Parody ? by Nuskrad · · Score: 1

      The UK's copyright law doesn't provide exceptions for parody (afaik, iAnal)

    2. Re:Parody ? by saider · · Score: 1

      It is not parody because they are selling a product. However, I think the prominent "Ann Summers" in the ad is enough to keep them out of trouble.

      --


      Remember, You are unique...just like everyone else.
    3. Re:Parody ? by bkr1_2k · · Score: 4, Funny

      "iAnal"

      You do? Maybe we should talk.

      --
      "Growing old is inevitable; growing up is optional."
    4. Re:Parody ? by CheShACat · · Score: 2, Funny

      iAnal? Is that a seperate product or just an attachment?!

    5. Re:Parody ? by StarReaver · · Score: 1

      Ya know, IANAL, but...

    6. Re:Parody ? by Overzeetop · · Score: 1

      Usually everyone either uses all caps or all lower case with their acronyms. Selective capitalization could give people the wrong impression, even if you are not lawyer.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    7. Re:Parody ? by Anonymous Coward · · Score: 0

      Well, IANAL....

    8. Re:Parody ? by 2short · · Score: 1

      Actually, I think it clearly falls in the "Not a copy, so get bent" exception to copyright law.

    9. Re:Parody ? by GeekyMike · · Score: 1

      BUt cApitalization wIthin a wOrd iS nOt cOvered bY cOpyright.
      I am sorry for that post, it was as hard to write as it was to read.

      --
      Beware the fury of a patient man
      - John Dryden
  59. ACCESS DENIED:[ Adult Content;Adult Material ] by Anonymous Coward · · Score: 0

    iGasm? Ahah.

  60. Sextupled sales by thepacketmaster · · Score: 1

    The funny thing is this accessory probably wouldn't have gotten much mainstream notice and might have disappeared in a while. But now Apple has given them a wonderful "helping hand" and probably multplied their sales six-fold.

    --

    --

    Luck is just skill you didn't know you had.

    1. Re:Sextupled sales by chmod+a+x+mojo · · Score: 1

      I assume you meant sex-tupled sales? ;-P

      --
      To err is human; effective mayhem requires the root password!
  61. Copyright a feel by Gnaget · · Score: 1

    can you really copyright the feel of a commercial? Whoever was the first to do that comparison test between paper towels with the bar down the middle can make a fortune if this works

  62. I am confiscating by Organic+Brain+Damage · · Score: 2, Funny

    my daughters' iPods. Right now!

    1. Re:I am confiscating by evil_aar0n · · Score: 1

      Why? Is she going to get pregnant from it? Does this thing play drums in a screemo band, and she's going to run off with it (apologies ahead of time for the implied stereotype of screemo band drummers)? I know you're joking - at least I think you're joking - but she's harmlessly entertaining herself. It could be worse, bud...

      --
      Truth, Justice. Or the American Way.
    2. Re:I am confiscating by Anonymous Coward · · Score: 0

      This must be some new definition of 'harmless' that I was not previously familiar with.

    3. Re:I am confiscating by BoothbyTCD · · Score: 1

      Might want to think that through. Her iPod can't get her pregnant.

      --
      snig
  63. Explanation by PontifexPrimus · · Score: 1

    GP is probably alluding to "orifice" = "an opening (as a vent, mouth, or hole) through which something may pass" (according to Webster), which is pronounced roughly the same.

    --
    -- Language is a virus from outer space.
  64. Seriously editors by unborracho · · Score: 1

    Where's the god damned NSFW warning?

    --
    "You had this look that of an angel, it was such a bad disguise" --Dishwalla
    1. Re:Seriously editors by Ash-Fox · · Score: 1

      Where's the god damned NSFW warning?
      What is NSFW in the article? I don't see anything NSFW.
      --
      Change is certain; progress is not obligatory.
    2. Re:Seriously editors by Just+Some+Guy · · Score: 1

      Where's the god damned NSFW warning?

      Over at Fark. At Slashdot, we make the dangerous assumption that you'll be smart enough not to click on links in a story about sex toys if you can't handle the consequences.

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:Seriously editors by dealmaster00 · · Score: 1

      It has the word 'iGasm' in it. What would make you think it is SFW??

  65. Don't bother by Anonymous Coward · · Score: 3, Funny

    She loved the one I got her.

  66. Cool, PoMo on Slash Dot. We by vorlich · · Score: 1

    need to have more of this sort of comment, but you should always try to make a passing mention of Ninjas and Pirates.
    I just happened to mention Michael Foucault the other day too, by complete coincidence (I was in the pub of course and someone had already mentioned Hemingway) but Susan Sonntag will always do in a pinch.
    Especially on the subject of Anne Summers publicity stunts....

    Damn!

    --
    Posts, MyBio or Sig, may contain satire, sarcasm, bolded nouns be sardonic or even witty & be Church of SD
    1. Re:Cool, PoMo on Slash Dot. We by Anonymous Coward · · Score: 0

      Foucalt? Foucault is so not vinyl. When you're talking PoMo, you have to bust out the Lacan, the Bloom, and if you're feeling sassy you can try and land a triple Spivak. Or just say "Derrida" and everybody will pretend to agree with you because they have no idea what he's talking about either.

  67. Video of ad by Mudd+Guy · · Score: 1

    Youtube has a video of the iGasm add here. I guess the add is for the UK market. I wonder if it could even be broadcast in the US with our current FCC situation.

  68. I wonder... by d3ac0n · · Score: 1

    Do they deliver to the US?

    I guess I'll have to check the site out a bit more for uh... research. Yeah, that's it, research...

    --
    Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
  69. Copyright, not trademark by maroberts · · Score: 4, Informative

    As far as I can tell, Apple is upset over the copying of the advert, not so much the device itself.

    A recent UK Court of Appeal case has significantly narrowed the scope of Trademark protection, essentially stating that the public are savvy enough to recognise that the use of the same trademark in two different markets is not "passing off". However, this defense may be slightly scuppered by the ad, which does attempt a form of "passing off" and association.

    The main complaint really seems to be blatant copying of the ad, and is therefore a Copyright issue. As others have stated, parody is not (officially) a defense in UK Copyright law, but taking the mickey has long been recognised unofficially. A classic example was the "Made In Wales" series of adverts which was parodied by the "Not the Nine O'Clock News" comedy show. The parody was so good , that it was alleged the Welsh Development Agency showed them to real potential clients alongside the original adverts. Also the term "Fair Use" does exist in UK law, and this may perhaps be construed to include parody.

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  70. Life imitates art by Ed+Avis · · Score: 2, Funny

    Indeed, the existence of an Apple-branded vibrator was foreseen on the net: the iBrator.

    --
    -- Ed Avis ed@membled.com
  71. wish i had some mod points for you... by denebian+devil · · Score: 1

    but i don't.

  72. Electric toothbrush? by CrimsonScythe · · Score: 1

    Hmm. I don't see how your teeth would get cleaner using this product. It may even shake some of your fillings out! Ah... That'll make you go to your dentist, who'll then clean your teeth while you're there fixing your fillings. OK, I see your reasoning now! Never mind.

    --
    The view was horrible and the smell was even worse; Julie severely regretted becoming a proctologist.
  73. Yeah... by thegnu · · Score: 1

    She loved the one I got her.

    I'll say. Q_Q
    --
    Please stop stalking me, bro.
  74. Hey Steve by sunderland56 · · Score: 4, Funny
    Perhaps I can send them an iGasm to put a smile back on their faces.

    Did she just (very politely) tell Steve Jobs to stick it up his ass?

  75. Postal Service video by miller701 · · Score: 1

    As I recall, the same design studio made both the TPS video and the Apple ad, so blame the design firm not Apple. The design firm basically ripped off themselves.

    One thing that I noticed was when that "Scandal" broke TPS was on the front page of the iTMS for about a week.

    Name calling really won't get you anything but modded down, Apple or not.

  76. This is Europe, you know by Flying+pig · · Score: 0, Flamebait
    Most of us aren't too worried about these things. We really aren't too excited about what consenting adults get up to in private (well, unless we are the adults, and it's us that are getting up to it). This morning on my way to a meeting in Bath, UK, I walked up the main shopping street and Ann Summers is right there, along with M&S and Top Shop. After all, unlike those trailer sites you have in the US, they don't actually sell sex, just facilitate it. Which is what Victoria's Secret is supposed to be doing.

    On the other hand, try looking for a gun shop on a UK high street, outside small towns with large farming communities and shops selling a few shotguns. It will take some time. I'm really not aware of any weird students who have gone out and murdered people with vibrators, though I guess somebody will try it some day. So exactly in what sense are sex toys "harder core"?

    --
    Pining for the fjords
    1. Re:This is Europe, you know by muellerr1 · · Score: 1

      I guess I meant 'harder core' in the sense that having sex is harder core than wearing frilly foundation garments. I get your point about prudish Americans with guns being harder core than Britons with vibrators, however my point was that Victoria's Secret in this case is a bad example because marketing aside it is not a sex store but a clothing store; the most they do to facilitate sex is print catalogs and film advertisements. Though some people might argue that technically you need two or more people to call that 'sex'.

    2. Re:This is Europe, you know by Anonymous Coward · · Score: 0

      You actually think you are safer because you can't buy a gun?
      Funny. I think I am safer because I can buy a gun.

    3. Re:This is Europe, you know by Anonymous Coward · · Score: 0

      I agree. The best American equivalent is probably Adam and Eve.

    4. Re:This is Europe, you know by Anonymous Coward · · Score: 0

      You just keep on thinking that.

      The chances are the gun you buy, if used in anger; will be used against you.

  77. If you ask me... by akunkel · · Score: 0

    they should have seen that cumming.

  78. confused by Anonymous Coward · · Score: 1, Funny

    But what the hell does this have to do with assembly language? ;-)

  79. Better name by mycroft822 · · Score: 2, Funny

    I think iBrator would be a better name for it personally...

    1. Re:Better name by jfreaksho · · Score: 1

      Check YouTube, or Google Video.
      J.

  80. Whats Apple thinking by Anonymous Coward · · Score: 0

    Lets make a big deal of an otherwise unknown product in hopes of keeping it on the DL. Wow, and I so surprised that plan didn't work for them. See Apple's true colors are revealed anytime it doesn't get what it wants it will mold and trim developers and ideas as it sees fit to ensure its proprietary grip remains. That is the way of Apple and always has been. They are not capable of fully opening their products to the public for some reason they fear an open market. I guess after getting their asses handed to them via MS back in the day they are more protective of their crap business model. Anyway good luck making trendy innovative devices that die off in popularity a few years after they are released and have little and restricted third party development. That's really a great way to keep the market.

    See Apple's problem is it thinks it has no competition and it can therefore afford to tailor their products with some anally retentive inhibition to progress or open design. It thinks no one else can steal their MP3 shares and it think the iPhone will just clean up the market regardless of the comp. Well that may have worked with the iPod when there was no similar products around to offer people better prices, but for the iPhone it will be just the opposite where the product is late to market, probably in slack quantities, overpriced and having very significant competition.

  81. Unafraid! by shelterpaw · · Score: 3, Funny

    Apparently she's unafraid to get screwed by an Apple.

  82. THEY DIDN'T SUE by gbulmash · · Score: 1



    Jesus frickin' Christ. This is the second article in three days where Slashdot says someone sued someone else, and all they did was threaten a suit if certain actions weren't taken.

    APPLE HASN'T SUED THEM. THEY SENT THEM A LETTER!!

    Why is it that Slashdot submitters AND the editors, fail to recognize that to sue someone, YOU ACTUALLY HAVE TO FILE A LAW SUIT?!?!?!?!? Just sending a C&D or a strongly worded objection does not qualify as suing someone!!! Dumbass dumbfuck dubmshits!

    </rant>

  83. News of the World by Swift2001 · · Score: 1

    Not that this particular item isn't (likely) true, but hasn't anybody noticed that the first source of the story, no matter where it's linked to, is "News of the World"? In Britain, that's a rag that has about the same believability as, say, the National Enquirer, which is to say, sometimes, if you put out enough unverified crap, some of it turns out to be sort of true.

  84. Funny, they sue over this, but not the Sears ad by themildassassin · · Score: 1

    Sears recently ran an ad campaign that was a complete rip off of the "switch" apple ads. It's interesting how that was ignored but the iGasm ads call down the thunder. http://www.gizmodo.com/gadgets/sears/ has an article, unfortunately the video was taken down.

  85. if the News of the World says so... by maroberts · · Score: 1

    It must be true, the paper is owned by Rupert Murdoch....

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  86. jes so I unnerstand ... by AmericanInKiev · · Score: 1

    Apple, the company behind the "PC" ads, ads which denigrate their competitor be using a generic, but well-understood, reference to "Microsoft" - is complaining that someone else is using a generic, but obvious, reference to their own product?

    Don't hypocrisy suck?

    AIK

  87. MOD PARENT UP by Anonymous Coward · · Score: 0

    ...if for no other reason than to remove the "-1: Not a Farker" moderation.

  88. It's about time... by Anonymous Coward · · Score: 0

    It's about time Apple took the stick out of their arse and saw the funny side of life.

  89. 2 words by GeekyMike · · Score: 1

    Janet... Reno... now I will kill myself to stop the mental image that just conjured. Eww...

    --
    Beware the fury of a patient man
    - John Dryden
  90. Apple should sue over this (definitly NSWF) by avicarmi · · Score: 1
    --
    -avi
    1. Re:Apple should sue over this (definitly NSWF) by avicarmi · · Score: 1
      --
      -avi
  91. link by xenn · · Score: 1
  92. Talk about spreading the word... by gevantry · · Score: 1

    Maybe Steve Jobs saw this and thought, "Way Cool, what can we do to help boost sales and sell even more iPods in another niche market?"

    Answer: sue them.

    Guaranteed instant free publicity. Sex shops selling iPods. Once upon a time in the USA, publishers used to seek out getting their books banned in Boston so they could slap "Banned in Boston" on the cover. It always assured X percent increase in book sales.

    These days its lawsuits.

  93. One possible reason by milo_a_wagner · · Score: 1

    One day a week, I teach music to children in underprivileged areas. This week I met one of my students with their parents in the town centre, and when we walked past Anne Summers, the child's parent remarked, 'See, now they're selling iPods in Anne Summers that vibrate. Filthy [...] things.' This woman isn't the sharpest tool in the box, but my conclusion is that the ads are too similar because average Joes (or Janes) can't tell the difference on first inspection and jump to conclusions about Apple .

    --
    Man wird am besten für seine Tugenden bestraft.
  94. Recommend music for this device? by Anonymous Coward · · Score: 0

    I haven't seen any discussion about the best musical choices for use with devices like these. While I'm sure most people's first thoughts are of rock songs with heavy bass lines, I was wondering whether Tchaikovsky's 1812 Overture might be more effective.

  95. I don't believe by jordan65ty · · Score: 1

    I don't believe in reincarnation, but I did in a previous life. Apple TV Converter http://www.apple-tv-converter.net/