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Apple Sues Over iGasm Ads

Posted by CowboyNeal on from the too-hot-to-rock dept.

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.'"

4 of 342 comments (clear)

  1. 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
  2. Re:I don't know about you by Rude+Turnip · · Score: 5, Informative

    How about...i'llgetfiredprobablytomorrowforfollowingaN SFWlinkfarkyouneal

    --
    Bill Clinton: Pimp we can believe in. - The Shirt!!!
  3. 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.

  4. 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.