It's not just devices...
Wednesday, September 27, 2006
There's obviously been a lot of talk about Podcast Ready's recent letter from Apple regarding their name and Apple's claim to the word "pod". I've read and received some comments from folks indicating that they don't feel this has anything to do with the podcast community in general, because of Apple's issue with the device category specifically.
Although it is true that Apple's letter speaks directly to devices (side note: Podcast Ready does not make devices as some have come to think) their interest does not stop there. I am not going to try to make the whole "slippery slope" argument and point out what could happen if Apple succeeds in claiming "pod" as their own... they do provide podcast hosting services, and they do distribute podcast production software... that argument although interesting does little to convince the community that this issue effects everyone.
Instead I would like to point out that Podcast Ready is not the first company to have received a C&D letter claiming infringement on the mark "pod". (and no, they do not use the words "cease and desist" but they do "insist" that we cease seeking trademark protection for "Podcast Ready")
Pod Golf Fitness, I am told, received a similar letter a while back and they are currently it the thick of it. Note: They are a content company - they sell their podcast. There is very little, if any, chance that a customer would confused their site and their offerings with Apple's (imho) and yet because Apple is trying to claim "pod" as their own they have decided otherwise.
So for those that think this event does not effect them.... that's its just about devices... keep this in mind: Podcast Ready is not the first, nor will it be the last, if "pod" (and by derivation "podcast") is taken out of the public domain.
Just my $0.02 as a member of the community.... legal opinions on behalf of Podcast Ready, Inc. will of course come from the lawyers...
posted by Russell @ 12:08 AM,
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