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Apple Challenges "MyPodder" Name with C&D [Updated]
Monday, September 25th, 2006 at 3:00 PM - by Brad Cook
Apple Computer has issued a cease-and-desist notice to Podcast Ready, a company that makes podcast management software called MyPodder, demanding that it cease use of the MyPodder name. The product currently works with Windows Media Player-compatible portable devices but is set to debut for the iPod on Thursday. Devices that ship with the application preloaded on them have a "Podcast Ready" notice on their packaging.
Podcast Ready CEO and founder Russell Holliman told InformationWeek: "They don't object to Podcast Ready, only to its use in the context of a portable device. But that's kind of what podcasts are all about."
In reality, however, Apple's C&D made no objection to the company's use of "Podcast Ready," asking simply that use of the term be limited to those things relating to podcasts. What Apple is demanding, however, is that Podcast Ready, Inc. abandon its trademark application for MyPodder.
Wired has posted a scan of the letter Apple sent to Podcast Ready, noting that it said: "Moreover, the term POD has been adopted and used extensively in the marketplace by consumers as an abbreviation to refer to Apple's player." Apple also claimed that while it "has no general objection to proper use of the descriptive term 'podcast' as part of a trademark for goods and services offered in the podcasting field, it cannot allow marks that go beyond this legitimate use and infringe on Apple's rights in POD and IPOD."
The C&D also said, "Further, we ask that Infostructure Solutions abandon its application for MYPODDER, and that both companies abandon all use, and plans to use, the MYPODDER mark, including any use of the mypodder domains and myPodder, Inc. trade name."
Mr. Holliman said that his company still plans to release the iPod version of MyPodder as scheduled and will "take every bit of time that we have to think about this." Podcast Ready has until Oct. 5 to respond to Apple, which had no official comment.
[Update: The article has been updated to clarify the story and the nature of Apple's C&D. - Editor]
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