With the publication of the controversial cease and decist letter from Apple to Infostructure Solutions earlier this week on wired.com, we are now able to take a more rational look at the reasons behind the letter. One sentence in particular caught my eye.
…Apple is concerned that certain uses of PODCAST READY and MYPODDER by your clients is likely to confuse consumers into mistakenly believing Apple is associated with your clients’ products and services.
I can’t say that I disagree with Apple on either of these points. First of all, many technology companies have been using the term “Podcast ready” on products that are indeed Podcast ready. For any one company to Trademark that term, particularly so late in the game, does seem inappropriate. Second, one could make a decent argument that MYPOD has a phonetic resemblance to IPOD which could be overstepping the bounds of U.S. intellectual property laws.
The question becomes, is this the beginning of a trend in which Apple tests the limits of its claim on the word POD, or is it a legitimate move to protect the Podcast community and the Apple brand?