“Tonight will celebrate the second anniversary of ‘iPod Monday’ at downtown Des Moines [Iowa] bar the Lift, 222 Fourth St. But it also will serve as a wake of sorts as the playlist-sharing theme night ends due to a trademark dispute,” The Des Moines Register reports.
The Des Moines Register reports, “Computer and iPod manufacturer Apple Inc. has asked iPod Monday’s creator and resident bartender, Clint Curtis, to remove any mention of ‘iPod’ from the event to satisfy Apple’s trademark guidelines. Curtis has decided to pull the plug on the weekly ritual rather than continue under an altered identity.”
Full article here.
MacDailyNews Note: Genericide: The process by which a trademark becomes synonymous with its associated product, to the point where the owner may lose the ability to legally defend and protect said trademark. See: “aspirin,” “escalator,” “q-tip,” etc. Trademark owners may take various steps to reduce the risk of genericide, including educating businesses and consumers on appropriate trademark use, avoiding use of their marks in a generic manner, and systematically and effectively enforcing their trademark rights. More info here.
Related articles:
Apple legal team pressures ‘iPodder Lemon’ name change to ‘Juice’ – November 15, 2005
Apple asks iPod accessory vendors to stop using ‘iPod’ in their names, URLs – September 19, 2005
Apple adds video to iPod trademark – August 03, 2005
Apple is not being a bully, they have to protect and defend their trademark, or they will loose it.
Methinks they’re shooting themselves in the foot. (Apple that is)
I’m not a lawyer, so I’m wondering if they couldn’t just license the rights to use the name to sites like that. Wouldn’t they be able to retain their copyright if they did that?
It sucks that Apple needs to do this in order to have the weight to go after the bigger trademark infringment cases…
Apple’s lawyers are a bunch of assholes. They will get a justly deserved bunch of bad press from this. How many potential switchers will they lose from this? Plenty.
G-Spank,
You, sir, are a moron.
UndercoverMacBrother – Not only would Apple loose their trademark, they might also lose it!!!
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Seriously, Apple, give me a break. Talk about a non-threat…way to quash a fun social gathering.
Why does he feel the need to kill the event just because the name of the event can’t have “iPod” in it? Seems a bit of an extreme reaction when he could instead turn it into an opportunity – create a contest for a new name and garner even more publicity for his efforts. Unfortunate spur-o-the-moment decision, IMHO…
Remember the days when companies would kill for free publicity like this?
I’ll be in the corner crying into my Kool-Aid.
(Get it? Kool-aid as a generic drink? Bueller?)
Apple’s hands are tied in this matter. If they can be seen as selectively enforcing their trademarks, then they lose those trademarks. That have to go after anyone they’re aware. Sad, but true.
Hmmm,
I’m not a lawyer, so I’m wondering if they couldn’t just license the rights to use the name to sites like that. Wouldn’t they be able to retain their copyright if they did that?
They just did not think, or Apple wanted too much money. Probably the former.
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Also, lawyers are usually a bunch of pain in the sit down. They tend to think of cutting off the nose to spite the face. JMHO
Attn MDN editors – points of history:
“Aspirin” was the trademark of Bayer, a German company. During World War I, the US government rescinded Bayer’s trademark, because they were associated with the enemy.
In many parts of the world, including those associated with the former British Empire, “aspirin” is still a recognized trademark.
Q-tip is still a REGISTERED trademark of Unilever – check the package.
Get your facts straight.
G-Spank,
I think you’re overreacting a bit. No one will stop buying Apple products because of this. iPod is a registered trademark, and with the brand being as popular as it has become, people can grab a lot of attention and make LOADS of money by just mentioning “iPod.”
This guy chose to cancel the event. he didn’t have to. All he had to do was rename it.
To Qka…
Actually, MDN is spot on. You are correct in stating that Q-Tip is, indeed, an actual trademarked product. MDN is referring to the idea that a trademarked word becomes synonymous with the actual TYPE of product.
Undoubtedly, when you purchase store-brand cotton swabs on a stick, you STILL refer to them as Q-tip, do you not? The same applies to BandAid. It’s a trademarked product, but we all refer to self-stick bandages as a “Band-Aid”. Same applies also to Kleenex. If you sneeze, people will offer you you Kleenex, regardless if it’s from Kimberly Clark or Scott Tissue. No one says “please pass me a facial tissue”.
and Uhhhh…
see also Xerox.
Methinks the bar owner is turning a negative into a positive for his business. Maybe the “iPod Mondays” gimic was turning stale. Now he’s got an excuse AND free advertising for a new monday night draw.
Just a possibility.
Apple: Shooting our best supporters in the foot for over 30 years now.
Apple sucks.
This is an all or nothing issue. Apple has to protect thier product names just like any other company. I can’t create a new tissue and call it Kleenex can I? I can’t create a new car and call it a Ford, can I? I realize this is very, very, very, small potatoes but where does Apple draw the line? Also, this guy Clint is a headline grabbing maggot buy going to the press over somehthing so small. He is just trying to get business drummed up to help what is probably a failing business anyway. Hey Clint how about “iMonday” or “iMusicmonday”? Boy…. that took me a ton of brain power to come up with that you do not have! Oh wait…. you cannot use these names now…. I just copyrighted them!!!
Apple is so crabby, I’m surprised they don’t sue the peripods
It’s a trademark issue plane and simple. I would say the same thing if Microsoft complained that someone was using the name “Zune Monday” or “Windows PC Monday.”
Apple has to be EXTRA careful because of the widely and freely used “Podcast” name.
Oh, I forgot, Clint Curtis is being a baby by pulling the plug.
He’s made a lot of money by using Apple’s trademarked name, you’d think he’d be a little more corporative with Apple.
This story is several days old, and I’m not sure if Apple looks that good. There are pro’s and cons on thisto be sure, although MDN seems only concerned with those that favor Apple.
One earlier mention in the media was here: http://www.engadget.com/2007/02/10/apple-sends-cease-and-desist-to-ipod-monday/
A quote: ” (…) 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 (…)”.
The event ran for two years, and even got mentioned on Apple’s own site, before the lawyers moved in. Why wait so long, and mention it on your own corporate site, before going after this fan event?
I find it hard to believe that a periodic gathering of some fans (which is miles from being a product or company) without any commercial angle could ever be seen as ‘Apple not defending their blah blah blah’, which seems the omnipresent standard excuse / kool aid over here.
The other Steve: “He’s made a lot of money by using Apple’s trademarked name.”
Where did you get that information from?
(just curious)
Just a small point.
What if I got to this story by going to http://www.ipoddailynews.com?
I wonder how strongly their request was worded. Would they have backed it up with legal action? I doubt it. It’s a bar in Des Moines. It’s not a product being sold in stores. I think Apple just requested, not demanded the name be changed.