Apple sends cease and desist to "iPod Monday"

The legal hammer strikes unpredictably: that's the lesson to be learnt from the case of "iPod Monday," a weekly event at The Lift in Des Moines, Iowa where patrons bring brought along their iPods to play 15 minute playlists based around different themes. Unfortunately, the event's host and creator, Clint Curtis, is bringing the event to a close on its second anniversary (tomorrow) after receiving a cease and desist email from Apple. As the dispute is limited to Clint's use of the trademarked word "iPod," Clint could presumably have kept the event running under a different name. However, a quick read of his email correspondance with Apple reveals the reasoning for closing the event. As Clint points out, he sent several emails to Apple before starting the website and specifically asked for permission to use the term "iPod Monday," he's had visits by Apple employees, a mention on Apple.com, and has praise heaped upon him everytime he visits the local Apple Store, and he is also a loyal Apple customer and claims to have generated a lot of publicity for the company despite receiving no compensation. Unfortunately, that means nothing to Apple, who are still requesting that he cease using the name despite his pleadings. This all begs the question: why now? Why, after two years, many emails, and much publicity, is Apple cranking it up a gear? As is often the case with these kind of David and Goliath legal scenarios, Clint has only two possible choices: resign to his fate and accept the demands, or start a lengthly legal battle against a company he likes, for an event that probably isn't worth the financial cost to defend.

[Via Boing Boing]

[Clayj @ Feb 10th 2007 6:45PM]

He should follow Apple's lead on this sort of thing and rename his event "A$$hole Company's MP3 Player Monday"... remember when Apple renamed one of their projects from "Sagan" to "Butthead Astronomer" after Carl Sagan complained about Apple's use of his name? Turnabout's fair play, after all.

[Ian @ Feb 10th 2007 6:53PM]

Sounds like a mistake by an employee. I wonder if they'll figure it out and apologize to the guy in the end.

[Tyler Stevens @ Feb 10th 2007 6:54PM]

This has been a staple in Des Moines, one of which I loved to do, now because some (left blank for you) want to show their might its over. He was not financially gaining from this, other than the tips from his patrons for HIM serving them their drinks. He was simply showcasing his enjoyment of the iPod. I told him we should do a ZUNE Monday and show the publicity he will get to Apple. MS would not say a word about it. Gates knows a thing or two about free adverts.

[JAmerican @ Feb 10th 2007 6:56PM]

Apple is doing this because of what they did to Cisco. They stole Cisco's trademark so to make sure they win the legal battle, they will elimate any persons using their trademarks. This is to prevent what they are doing to Cisco to happen to them. Thanks US Patent Office and Apple for being such @$$e$.

Apple is just like any other company. Don't let the act fool you. I mean, look at the whole switching to Intel thing. I could understand switching to AMD, because they didn't dis them but Intel??? After all those ads????

http://www.youtube.com/watch?v=zE6aKeK61A4

Such fakes!!

JAmerican

[Tyler Stevens @ Feb 10th 2007 6:56PM]

Mistake by an employee? What do you mean? Apple doesnt apologize for anything.

[Joshua Walters @ Feb 10th 2007 7:10PM]

I do like the idea of calling it @$$ Hole monday, that would work to, but I think he should fight it! I mean, if he has proof that they said he could, or showed no objection, he could win! Then he could have them pay legal fees!

[Joshua Walters @ Feb 10th 2007 7:11PM]

Me vote that we all refuse to buy apple products, and send him money to help his legal battle, in addition, we should start a petition, because they are being insane! I say we all claim to be loyal fans, and say until he is allowed to keep the name, we wont buy ANY apple products, nor update the ones we have now, nor spend money on Itunes!

Apple is becoming as bad as Microsoft! Why cant they all be cool OS operators, like people who make linux flavors, and dark alex who customizes or psps to do gray area legal things!

Apple, this is what I have to say to you: ..|..
_____
(that is a middle finger, in case you havent seen it before, .... are the knuckles, and the | is the center finger, it sux, but that was the only way I could do it, post a better way if you know how please!)

[Joshua Walters @ Feb 11th 2007 1:36PM]

Ahh, thanks! I love it! Now, I just need to remember not to lose the txt file I put it in lol....

[mean2u @ Feb 10th 2007 7:11PM]

Wow, Apple steals iPhone name knowingly, doesn't care. Someone uses iPod name for an event and gets hammered. Do I smell irony?

[August @ Feb 10th 2007 7:56PM]

Nope, it's not irony.

It's bullshit, and it's drifting over from Cupertino.

[Demaar @ Feb 10th 2007 7:16PM]

He shouldn't just bend over and take it like that. Seriously, Digital Music Monday. Has a nicer ring to it than iPod Monday IMO.

[kompression @ Feb 10th 2007 7:16PM]

All apple has going for them is the stupid ipod. Don't kid yourselves about anything else Apple makes: they have no dominance in the marketplace. I don't know why Apple is being so ingenuous about this. It's because of the support from people like this guy that has made Apple into what it is. And now for them to turn around and put this bureaucracy crap on a supporting customer...oh well...it was bound to happen sooner or later.

[Tyler Stevens @ Feb 10th 2007 7:24PM]

Oh yeah, and Clint, BTW, Im the guy who told you on Thursday that your Rolex was fake! See you have been rolling in all the loot you made from using the forsaken "i" keepsake! Its sooo common for people to spend more at a place if there is any reference to the "i". I heard IHOP was getting sued because they are using 3 of the 4 letters in iPod. They also jacked up there pancakes to 1.99 a piece, but you can only eat them there, no take out AND only with their syrup. I think Steve should change his first name to Blow.

[Jelp @ Feb 10th 2007 7:37PM]

WOW,

EVERY shop in the whole world can use Apple's brand and products names, logos, pictures etc. in their shops, literature, website, etc. and setup an ipod center or ipod corner, etc. to advertize and sell ipods, and this guy couldn't use iPod Monday??

Talk about crazy, lunatic and inconsistent bastards who don't understand nothing and can't even get their right hand from their left!!!

[bjwolfe @ Feb 10th 2007 7:38PM]

Commence "Zune Monday".

[Dave E @ Feb 10th 2007 7:40PM]

How do you spell Apple?

D U M B A S S

[Jargon @ Feb 10th 2007 7:42PM]

Apple has to defend their trademark or they lose it. Simple as that.

[kaden @ Feb 10th 2007 8:06PM]

From TFA: "Please, fanboys, don't send me dumb notes averring that Apple's failure to police this use of its mark will lead to the end of its ability to stop manufacturers from producing rival MP3 players and calling them iPods. That's a fairy tale that trademark lawyers tell their kids when they want to reassure them that they'll have a healthy college fund. Courts don't declare trademarks generic because they're used descriptively to describe an actual use of the actual product."

[Dar the Monk @ Feb 10th 2007 8:06PM]

Honestly, this seems a bit crackfiend-ish. I have a mac and I like Apple, but this makes me a little mad. Sad times.

[Alex Paris @ Feb 10th 2007 8:48PM]

i think what apple is trying to do is build a case saying "were protecting our brand" and the whole bitchslap w/ cisco using "iphone" is just fule for the fire. It comes down to apple using "ipod monday" as an example, somthing to show in court... that or the are moving the ipod workshops to mondays...?

[ULE @ Feb 10th 2007 8:51PM]

"Courts don't declare trademarks generic because they're used descriptively to describe an actual use of the actual product."

First, Apple just like Google need to be VERY careful not to loose their trademark because of it being used as a generic term. For several reasons more so than Google.

Secondly, this usage does not refer to the actual selling or use of the product. This is the name being used very freely and openly to advertise a theme night for iPod users.

The reason Apple are acting now is because the event has now become well known. Should they turn a blind eye to things like this, then the public will start to think it's ok to use it as a generic term in other situations.

That said, I think Apple PR needs to start to adress these types of controversies and maybe instruct their lawyers to soften the approach in the c & d letters. In this case, they knew it was popular and so should have included some sort of acknowledgement and appreciation. And maybe emphasis on how unfortunate this situation is for them.

[kaden @ Feb 10th 2007 9:21PM]

"Secondly, this usage does not refer to the actual selling or use of the product. This is the name being used very freely and openly to advertise a theme night for iPod users."

Ok, now think this one through slowly...

it's a theme night for iPod users.

At this theme night, the aforementioned iPod users use their iPods.

In what way does this use of iPods by their admitted 'users' *not* constitute 'use of the product'?

[Ben @ Feb 10th 2007 8:56PM]

am i wrong, but if they go after iPod mondays, shouldn't they also go after all the cars with "iPod" jacks?

[Bazza @ Feb 10th 2007 9:17PM]

deal with the devil, you get burnt. serves him right.

[Dragod @ Feb 10th 2007 9:23PM]

Just shows you how Apple treats it's Fans... One of the reasons that I simply hate Mac, iPod, and all of Apple. Not to mention all of their Commercials attacking Microsoft... it's pretty bad if you can't hardly sell your product without Attacking your competition. If MS has a better product, well good, they deserve what they have. If you want to beat them, stop spending money on Pointless Ads and work on developing your product, my gosh...

[Hiylow @ Feb 10th 2007 9:44PM]

I thought a apple a day(Monday)keeps the doctor away. Instead it turns out it makes you sick..with lawyers coming out of your a..

[Nate @ Feb 10th 2007 10:00PM]

Apple should sue Burger King for using the word FryPod because it sounds close to the word iPod. It could confuse customers between the two products because they sound alike.

[Tyler Stevens @ Feb 10th 2007 10:00PM]

This is like using the term Super Bowl. If I have a super bowl party, no one pays cover, but later in the day i win at poker, do I owe my proceeds to Super Bowl? Of course not. He doesnt charge a cover, they enjoy the night praising a great product, he makes tips for his service, as a BARTENDER. You tell me where he is using there name to promote a product, or harm there image. I think he should keep doing it. Fanboys get a life you will not win this one. Go talk to you buddy Blow, I mean steve.

[keith waddington @ Feb 10th 2007 10:13PM]

It's amazing how many lawyers read this site and so willingly offer FREE opinion.

waddo
http://www.waddo.net/

[ULE. @ Feb 10th 2007 10:20PM]

"In what way does this use of iPods by their admitted 'users' *not* constitute 'use of the product'?"

Well, I can admit my legal reasoning on that point is a bit weak ;)

Actually, English being my second language, I didn't really manage to express my point..

Taking it more seriously, my objection against the use here is something that I need to look at the statutes and possible case law to properly argue for (basically that I can't conceive of a way that this would be okay just by referring to the "gimmicky" use of iPod's for the event and the fact that most in attendance are purportedly iPod-users)

But I really just wanted to mention a few things that were obvious to me as very likely to make this action legitimate and valid. Anyone else want to have a go?

[LiQuiD_FuSioN @ Feb 10th 2007 10:22PM]

How about "IZOD" clothing? That sounds almost exactly like "iPod"!

Or.. maybe "iRobot"? There is a lowercase "i"! It could be a possible Apple program in the future!

[Bruce Biganho @ Feb 10th 2007 10:27PM]

Although I'm an Apple head, I agree this is totally stupid and anal on Apple's part. I mean, there are Macintosh user groups all over the country. These groups only help to promote and propel the Apple way of computing. So are they going to send cease and desist letter groups to these user groups?

[pvilleSE @ Feb 10th 2007 10:30PM]

This is nothing new for Apple they have been going after anyone using ipod in anyway. Some little company was making some device that went in arcade games to send stats to a pda and some how had ipod in the name and they got taken to court and I think they ended up changing the name of the product. I had thought that Apple was a good company but after all these lawsuits I've decided I'll stick to only open source products. I can't wait for my co-workers to get there i-phones and then I'll show them all the things my Nokia N800 can do that they could never think of having there i-phone do since it is so locked down. Open source is the only way.

[blunckhouse @ Feb 10th 2007 11:00PM]

As summed up by "Peter" on iLounge when this story was posted yesterday:

"Actually they need to do this to protect their trademark.

Since the guy is using a registrered trademark (iPod) if Apple does not take action, it can be interpreted by the court as if they are allowing the use of their trademark - if they then face a more serious trademark infringement (like another MP3 player called something with iPod in the name) they could loose the case, because they have not protected the trademark in the past.

So even though it sounds silly to take legal action against someone promoting your product, they NEED to do it to protect their right to the iPod name.

Regarding the iPhone, one of the things being discussed is if Cisco has indeed lost the right to the trademark because they owned it but didn’t use or protect it for a long time."

I think that's all that really needs to be said.

[3rdsun @ Feb 10th 2007 11:01PM]

a brief lesson on apples...
Apples have a tendancy to be rotten ,that's why NY is called the rotten apple.
Apples are often used by witches to poison ..ala Cinderella
Apple is the favorite fruit of the devil which he used to trick Eve.
An Apple a day keeps the doctor away, but you will soon need a lawyer.

[frank @ Feb 11th 2007 12:20AM]

Well, they're doing this to protect their trademark. They don't want to lose it like Cisco lost the rights to iPhone by not protecting it. They're just trying to show that they are protecting their trademark.

[Michael @ Feb 11th 2007 1:06AM]

I live in Des Moines and have never heard of such a thing. Hmm.

[kerunt @ Feb 11th 2007 1:08AM]

I wonder if I could legally change my name to "Apple iPod"...

I can see it now:

Case #74:
Apple Inc. Vs. Mr. iPod

[Bonehead @ Feb 11th 2007 2:16AM]

Two things I'm wondering about:

1. Why would Apple advertise the event on their own website? Wouldn't that one action alone be enough to sway a judge in your favor about the legality of the name usage?

2. Couldn't they have sold him a very specific and narrow license to use the name for some tiny arbitrary amount of money only for this particular event? Seems like this is one of those cases where corporate sponsorship would have been a wiser alternative. Generate good will by acknowledging and taking the event under their wing rather than drumming up bad PR by being yet another stereotypical monolithic fuckstain of a corporation. This would also solve the problem of protecting the copyright since the event would either belong to Apple themselves or exist as a paid usage of said name.

[Jason Peterson @ Feb 11th 2007 2:41AM]

hmm.... maybe Apple doesn't want to be sued by the record companies for enabling public performances??

[Shaddack @ Feb 11th 2007 6:00AM]

Follow the example of Prince. Rename it to "The event formerly known as iPod Monday".
Or just ignore the lawyers for this round and hope they will go away.

[dean cameron @ Feb 11th 2007 6:49AM]

Raises the question. Not "begs the question".

[Brian @ Feb 11th 2007 10:08AM]

Fsck Apple!

[DM @ Feb 11th 2007 11:42AM]

Mcdonald's should sue Apple for stealing the word MAC from Big Mac.

[Ted Nugent @ Feb 11th 2007 1:26PM]

Apple's such a friendly company. Whether it's the CEO taking illegal stock options, the company exploiting lax labor laws in China, or legally strong-arming a person who's already been given tacit approval in the use of the term "iPod" (while curiously infringing Cisco's "iPhone" trademark themselves), Apple sure sets themselves apart from those corporate heathens at Micro$oft (Did you see what I did there?? Replacing the 's' in Microsoft with a dollar sign?? Wasn't that edgy?!).

[Joshua Walters @ Feb 11th 2007 1:36PM]

I sent my angry email! lol I think they are SO gay for all of this, I mean, it has been said already, but I will repeat it, they INTENTIONALY stole the iPhone trademark, and then escaped law suit by BULLSHITING

[Joshua Walters @ Feb 11th 2007 1:36PM]

I sent my angry email, lol but it has been said, and I will repeat it, they intentionally stole the iphone trademark, and escaped lawsuit, but then when someone uses theres, they make them even can the website! I mean, if I were to go buy the domain ipodsuxass.com would they try to shut me down? Oh, and what about them using Microsofts trademark Vista on their commercials huh? I do believe that this could all be fixed easily, all he has to do is add a disclaimer to all mentions of it, that it is owned by apple, and doesnt own it and isnt affiliated with them.

[Johh @ Feb 11th 2007 10:03PM]

iPodmonday wake up in the earlymoringn
head off to work
with yo white buds
blastin music in yerear
its the apple lawsuit
of ipodness
yes the apple lawsuit of ipod ness
clickclickclick
load upitunes
fast
yo better plug the cable in fast
you get on the subweay
cuz the streets all packed
got your ipods inyour ear
ZONINOUT REAL FAST
its the apple lawsuites
of ipod names
yes the applelawsuitsof ipodnames
you get to work cuz u need the dough
just to buy some more
drm loaded songs
you get back home
andplug in your password
load up itunes
and smackthatsnumber one
you buy it now
cuz thats howu do it
the internets down
OH NOES
NO MUSIC'


sry
i was bored
had todo it

[Directive0 @ Feb 12th 2007 1:01AM]

What happened to Apple?

Where is the punk rock, in your face, fuck the man attitude they used to have?

Where is the bowtie, the codenames, the fucking SOUL? Man back in the day using a mac was a fucking effort, you had to eat sleep and breathe conflict. You had to fight for your fucking right to use the mac os... now theres no point, nothing worth fighting for. The iPod is apple's legacy, dumbed down consumer electronics. Elegant, sure, but not genuis.


Apple sold out and I don't believe in nothing no more. I'm installing Ubuntu.

[lutzh @ Feb 12th 2007 5:59AM]

Why don't you just acll it "!POD - Monday"? You can have a smoke and laugh about the apple thing...

Cheers, Lutz