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December 12, 2006

huh

iPodcast trademark rumor is nonsense

Posted Dec. 12, ’06, 9:21 AM PT by Dan Moren
Category | Apple » Huh?

iPodcastUpdate: As a reader below points out, a search of the USPTO’s site reveals two trademark applications for “iPodcast,” both filed by Apple last September, and both still marked as “LIVE.” Neither has been approved as of the moment, and both predate Apple’s refusal to claim “podcast.” That said, neither of these applications are mentioned or referenced in the blog post which I’ve linked to. I still suspect that they have little chance of getting such a trademark, but I suppose that remains to be seen. Either way, it appears that I should have done a little more thorough research myself. Apologies.

Let’s nip this one in the bud shall we? Apple is not looking to trademark “iPodcast.” Nor would they really have any more chance of actually getting said trademark than I do of winning American Idol. This half-baked blog post is possibly the flimsiest combination of conjecture and misinformation that I’ve ever read.

With this filing It makes me feel that Apple really does not want to play nice in the podcasts space. First and foremost Apple needs to remember that they did not come up with the word Podcast and for them to try and exert their influence on sites and applications that have any portion of the word “Pod” or “Podcast” in it’s name is in my opinion not the way to build community devotion.

Not only does the patent in question (which we covered several weeks ago) only refer to a hierarchical menu system present in iPods for the past year, but there is a rather substantial difference between a patent and a trademark. Furthermore, Apple has repeatedly disavowed any intention of trademarking “podcast.” Apple issued cease and desists only over their iPod trademark, which they are legally required to defend, or else risk losing.

Nobody knows what the game plan is for Apple but after seeing this Patent filing along with others that they have filed in the past I am sure it will require lawyers and hopefully the Patent office will not have there [sic] heads in the sand on their tactics.
You know, there’s a certain inane brilliance in stating that a patent filing “will require lawyers.” It’s like saying that walking will require feet, or that macaroni and cheese will require macaraoni and, yes, cheese! This post really shows off the worst that the blogosphere has to offer: baseless speculation founded upon a total and utter lack of research and cogent thought. And that’s me only using nice words.

[via Digg]


1 Comments

Julia said:

Actually if you do a USPTO trademark search, Apple has two applications for ipodcast. Both applications are still alive.

December 12, 2006 9:39 AM

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