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.'"

Comments

Let me correct that headline for you.

[Whiney Mac Fanboy]

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.

Re:Let me correct that headline for you.

[Xiroth]

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.

Re:Let me correct that headline for you.

[Boogaroo]

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.

Re:Let me correct that headline for you.

[Whiney Mac Fanboy]

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

No. You can't trademark a style.

Re:Let me correct that headline for you.

[fractoid]

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!"

Re:Come on, be a man!

[Tablizer]

What is the worst thing that can happen?

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

streisand effect again

[e**(i pi)-1]

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.

The mind is an eye one cannot gouge out.

[patio11]

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

Re:I don't know about you

[1u3hr]

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.

Re:I don't know about you

[Hatta]

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

Re:I don't know about you

[Hognoxious]

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.

Re:I don't know about you

[Just Some Guy]

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.