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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.'"
But iCame.
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!
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.
Rather than sue, Apple can fight fire with fire by introducing the OrgPod.
Table-ized A.I.
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
Sex. That is all.
Have any of you slashgals tried it yet? Does it work, or is it just a gimmick?
Table-ized A.I.
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.
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.
Table-ized A.I.
Little pod I see
The screaming, it's so damn loud
Anger or pleasure?
Chas - The one, the only.
THANK GOD!!!
... welcome our new iGasm vibrated female colleague overload!
...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/
appleguru.org
What is the worst thing that can happen?
Um, a lifetime of reoccuring horrid flasbacks like one's own personal Clockwork Orange.
Table-ized A.I.
http://adsoftheworld.com/node/10351/play
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...
...why the Apple silhouette shakes so much.
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.
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.
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!
Table-ized A.I.
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.
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.
Gals, go natural and organic and let me introduce (in) to you my iFuck device. Its free and requires no batteries.
Table-ized A.I.
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.
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.
Damn porn filter at work.
Why, yes! I AM new here.
Icepicks, man, icepicks. Now if you'll excuse me I have to track one down myself.
Help poke pirates in the eyepatch, arr.
Some clarity on TM, at least in US...
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.
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.
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
iGasm poster that Apple complained about
-- Ed Avis ed@membled.com
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).
my daughters' iPods. Right now!
She loved the one I got her.
"iAnal"
You do? Maybe we should talk.
"Growing old is inevitable; growing up is optional."
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
Indeed, the existence of an Apple-branded vibrator was foreseen on the net: the iBrator.
-- Ed Avis ed@membled.com
iAnal? Is that a seperate product or just an attachment?!
CheShA: Manchester Breakcore / Drill and Bass Yes I'm a s
Did she just (very politely) tell Steve Jobs to stick it up his ass?
I think iBrator would be a better name for it personally...
Apparently she's unafraid to get screwed by an Apple.